HomeMy WebLinkAboutNPS-Federal Historic Preservation Laws-revised-final-online-3Federal Historic Preservation Laws
The Official Compilation of U.S. Cultural Heritage Statutes
2018 Edition
Federal Historic Preservation Laws
The Official Compilation of U.S. Cultural Heritage Statutes
2018 Edition
National Park Service
U.S. Department of the Interior
State, Tribal, Local, Plans & Grants Division
Cultural Resources, Partnerships, and Science Directorate
Federal Historic Preservation Laws
The Official Compilation of
U.S. Cultural Heritage Statutes
5th edition 2018
State, Tribal, Local, Plans & Grants Division
Cultural Resources, Partnerships,
and Science Directorate
National Park Service
U.S. Department of the Interior
Washington, DC
ii Federal Historic Preservation Laws
Front cover: This mural, titled “An Incident in Contemporary American Life,” was painted in the Stuart
Lee Udall Department of the Interior building in 1942 by American artist Mitchell Jamieson. The image
depicts a crowd gathered at the Lincoln Memorial in 1939 to see a concert by the singer Marion Anderson,
who had been denied the opportunity to perform at a private venue in DC months earlier based on her
race. Photograph courtesy of the Carol M. Highsmith collection, attained through the Library of Congress
digital photo archive.
Back cover: In the center, President Lyndon B. Johnson signs the National Historic Preservation Act of
1966, photograph courtesy of the Lyndon B. Johnson Presidential Library. To the left and right, architectural
details on the exterior of the Stuart Lee Udall Department of the Interior building, photographs by
Matthew Payne.
Inside covers: A grand view of the central staircase in the Stuart Lee Udall Department of the Interior
Building in Washington, DC. Photograph courtesy of the Historic American Buildings Survey.
Table of Contents iii
Introduction .................................................................................1
Editors’ Note: Title 54 ................................................................4
Antiquities Act ............................................................................7
National Park Service Organic Act, Selections:
NPS Mission and Reports on Threatened Landmarks .........9
Historic Sites Act .......................................................................15
Federal Property and Administrative Services Act ..............23
National Trust for Historic Preservation ..............................29
Archeological and Historic Preservation Act .......................34
National Historic Preservation Act .........................................41
Department of Transportation Act, Section 4f,
as Amended ..............................................................................125
National Environmental Policy Act .......................................131
National Marine Sanctuaries Act, Selections:
Designation, Research, and Limitations .............................135
Coastal Zone Management Act, Selections:
Policy and Grants ....................................................................150
Department of Transportation Act,
Section 4(i) – Amtrak Improvement Act ..............................166
Mining in the National Parks Act, Section 9 ........................171
Public Buildings Cooperative Use Act ..................................172
American Indian Religious Freedom Act .............................174
Archaeological Resources Protection Act ............................177
Commemoration of Former Presidents ................................191
Commission for the Preservation of America’s
Heritage Abroad ......................................................................193
Abandoned Shipwreck Act ....................................................197
Table of Contents
LAWS LISTED CHRONOLOGICALLY
iv Federal Historic Preservation Laws
Table of Contents
CONTINUED
Internal Revenue Code, Selections: Qualified Conservation
Contributions and Rehabilitation Tax Credit .....................203
Native American Graves Protection
and Repatriation Act ...............................................................214
National Underground Railroad Network to Freedom ...232
Intermodal Surface Transportation Efficiency Act .............237
American Battlefield Protection Act .....................................241
National Maritime Heritage Act ...........................................244
Save America’s Treasures.......................................................257
Preserve America ....................................................................262
Sunken Military Craft Act .....................................................267
National Women’s Rights History Project ..........................274
Appendix ................................................................................277
Index ........................................................................................278
Introduction 1
Introduction
This fifth version of Federal Historic Preservation Laws
contains 28 federal laws and portions of laws that pertain to
the preservation of the United States’ cultural heritage. Ar-
ranged chronologically, this publication demonstrates how
the body of law has developed and grown over the course
of the 20th century and beyond. Because of the variety
and number of Federal statutes that contain some historic
preservation component, this publication focuses on those
statutes that are of key importance to historic preservation
and cultural resources work. For many of the statutes in this
publication, only the most pertinent sections are included.
Though local communities have long been at the forefront
of historic preservation initiatives, this book focuses ex-
clusively on the development of Federal law and policy
surrounding historic resources. Past versions of Federal
Historic Preservation Laws have helped everyone from gov-
ernment agencies and lawyers, to university professors and
everyday citizens, to reference and understand the Federal
framework of historic preservation law. This newest update
aims to build on that function by presenting recent changes
in the law in an intuitive format so that that groups and in-
dividuals may continue to draw upon it as a tool to preserve
what makes their communities special.
***
The National Park Service always has operated at the
core of the Federal historic preservation program. From
its creation in 1916, the National Park Service assumed re-
sponsibility for the many historical and cultural sites of the
National Park System. Over the years, the size and scope of
historic preservation laws have expanded to include protec-
tion and recognition of historic resources across all levels of
government and on public, tribal, and private land alike. In
1935, the Historic Sites Act initiated the national survey and
documentation of historic resources, implemented through
the National Park Service. The National Historic Preserva-
tion Act of 1966 revolutionized the preservation landscape
by establishing a federal/state partnership program for
historic preservation projects and funding as well as creat-
ing the National Register of Historic Places and a system
for review of federal effects on historic sites (commonly
known as Section 106). This Act tasked the National Park
2 Federal Historic Preservation Laws
Introduction
Service with coordination between the Federal and State
governments on historic preservation issues by forming a
program of direct grants and technical assistance from the
National Park Service to State Historic Preservation Offices.
Amendments made in 1980 and 1992 expanded the program
to create a community-based preservation partnership with
the Certified Local Government initiative, and to honor
Native American Tribes and their heritage with the creation
of Tribal Historic Preservation Offices to mirror the State
programs. The Act also created the Advisory Council on
Historic Preservation, which develops procedures that facil-
itate Federal agency compliance work. Today, partnerships
between the National Park Service, State Historic Preserva-
tion Offices, Certified Local Governments, Tribal Historic
Preservation Offices, nonprofit preservation organizations,
and individual property owners make up the National His-
toric Preservation Partnership Program.
Outside of the National Park Service, a variety of programs
and laws protect historic resources in many ways. Other
Federal agencies engage in preservation through ownership
of historic buildings, or through their own initiatives. The
Internal Revenue Code includes provisions to encourage
historic preservation through tax incentives for work on
historic structures. Additional laws found in the book cre-
ate programs to address specific issues ranging from survey
and preservation of abandoned shipwrecks, to protection
and repatriation of Native American cultural items, to
treatment of battlefields on American soil. Furthermore,
these Federal programs operate within a broader universe
preservation law at the State, Tribal, and local level. Many
States have historic preservation tax incentives in addition
to the federal program, and local historic designation oper-
ates under a distinct process with different protections from
the National Register. While this book focuses on the Fed-
eral perspective, government preservation programs at all
levels complement one another and provide a broad range
of benefits and incentives to ensure that the beauty and
knowledge of America’s historic resources can be enjoyed
by generations to come.
***
Introduction 3
Introduction
The State, Tribal, Local, Plans and Grants division, part of
Cultural Resources, Partnerships and Science within the
National Park Service, prepared this publication. John Re-
naud and Jessica Goodman arranged and edited the text.
Matthew Payne designed the publication.
This publication includes text consistent with current law as
of December 31, 2017. While the online version of this text
will be updated periodically to reflect changes in the law, re-
visions may not be available immediately. To access the most
up-to-date version of any law, regulation, or executive order
printed in this book, see the official text in the United States
Code, the Code of Federal Regulations, or the Federal
Register. All three are available online at uscode.house.gov,
www.ecfr.gov, and www.federalregister.gov , respectively.
For questions regarding the implementation or interpreta-
tion of the statutes in this publication, contact the National
Park Service, 1849 C Street NW, Washington DC 20240-
0001, or the relevant Federal agency. Electronic copies of
this publication, along with additional resources regarding
Federal historic preservation law, can be found at go.nps.
gov/preservationlaws.
4 Federal Historic Preservation Laws
Many, though not all, of the laws contained in this book
are found in Title 54 of the United States Code. Congress
enacted Title 54 in 2014 in order to simplify citations and
provide room for expansion in the body of law surrounding
the National Park Service and the programs that it admin-
isters, including historic preservation programs. To do this,
Congress gathered all the relevant laws which were spread
throughout the Code (mostly in Title 16), repealed them,
and reenacted them in their new Title 54 home. This pro-
cess did not change the substance or meaning of any of the
laws involved, but it did reorganize them and make several
standard changes in language for consistency throughout
the title. Overall, the changes made in Title 54 make the law
more cohesive and practical, but the unusual nature of the
process has affected this publication in several ways.Tips for
using this document:
1. Due to the long history of historic preservation law,
guidance documents and historic preservationists
often refer to important components of these laws
by their original section numbers instead of the new
numbers given to them in Title 54. To accommodate
this fact, each law in this book follows the organiza-
tion and structure of the original act while using the
updated language from Title 54.
2. Like the rest of the book, laws from Title 54 are ar-
ranged with two columns: the text of the law in the
right column with corresponding citations to the Code
on the left. The reorganization of Title 54 included
moving sections together that were related, and oc-
casionally splitting sections into multiple parts where
they were not. Title 54 also is organized using only odd
numbered chapters to create room for additions and
expansions of related law in the future. This means that
the left hand citations in this book are frequently out of
numerical order so that the text on the right hand side
can read as originally organized.
3. Occasionally, Congress combined two or more sec-
tions of the original act to create a single section in
Title 54. In these cases, the citation on the left will
be marked with an asterisk (*) to indicate that it will
appear multiple times and also that the text it corre-
sponds with is not the complete section of the Code.
4. The definitions sections of each Act are especially im-
portant because of the language changes made to Title
Editors’ Note: Title 54
Editors’ Note: Title 54 5
Editors’ Note: Title 54
54. While some might be self-explanatory, many are
terms which Congress truncated for consistency and
are not as intuitive. For example, Congress replaced
the phrase “historic and prehistoric resources” with
the term “historic property” because the definition of
“historic property” includes places of historic and pre-
historic significance, and artifacts as well as buildings
and land.
5. In general, the text in this book follows the language
of Title 54. When following the language of the United
Stated Code, we have added citations to the Act as
known to the historic preservation community. These
editorial changes, as well as any additional notes or
clarifications, are indicated by [brackets] in the text.
6. All citations in this book are current, but a conversion
table between old Title 16 citations and updated loca-
tions in Title 54 is available in the United States Code
immediately after the Table of Contents for Title 54.
7. Through other acts of repeal and reenactment, Con-
gress has given other titles of the United States Code
the effect of “positive law,” just as it has done with
Title 54. As of the date of publication for this docu-
ment, the following titles with laws in this book have
the force of positive law; 10, 18, 23, 28, 40, and 49
With these points in mind, this publication and its organiza-
tion should help bridge the gap between previous versions
of historic preservation laws and Title 54 for preservation-
ists, academics, lawyers and historians alike. For more
information about Title 54, or to find the full text of the
law in the United States Code, visit the Preservation Law
homepage of the National Park Service website at go.nps.
gov/preservationlaws
Pictured: Interior view of the historic barn at Ritter Ranch in Montezuma County, Colorado. Built
in 1918, this structure showcases the role of agriculture in American history and illustrates one of a
variety of styles of architecture found in historic buildings. Photograph by Jet Lowe courtesy of the
Historic American Buildings Survey.
Antiquities Act 7
Antiquities Act
This Act became law on June 8, 1906 (34 Stat. 225, 18 U.S.C. 1866(b), 54 U.S.C. 3203 et.
seq.) and has been amended once. In 2014, Congress reorganized all laws regarding the
National Park Service, including this Act, by moving them to Title 54 of the U.S. Code.
For more information about this change and how it affects this document, please see the
Editors’ Note on Title 54 in the front of this book. In this law, unless specified to the con
trary, “Secretary” refers to the Secretary of the Interior.
Section 1
[Moved to Title on criminal statutes instead of title 54]
(a) Violation of Regulations authoRized by ChapteR 3201
of title 54.— A person that violates any of the regulations
authorized by chapter 3201 of title 54 [the Act] shall be fined
under this title [Title 18] [Act] and be adjudged to pay all
cost of the proceedings.
(b) appRopRiation of, injuRy to, oR destRuCtion of histoRiC
oR pRehistoRiC Ruin oR MonuMent oR objeCt of antiq-
uity.— A person that appropriates, excavates, injures, or de-
stroys any historic or prehistoric ruin or monument or any
object of antiquity that is situated on land owned or con-
trolled by the Federal Government without the permission
of the head of the Federal agency having jurisdiction over
the land on which the object is situated, shall be imprisoned
for not more than 90 days, fined under this title, or both.
Section 2
(a) pResidential deClaRation.— The President may, in the
President’s discretion, declare by public proclamation his-
toric landmarks, historic and prehistoric structures, and
other objects of historic or scientific interest that are situ-
ated on the land owned or controlled by the Federal Gov-
ernment to be national monuments.
(b) ReseRVation of land.—The President may reserve par-
cels of land as a part of the national monuments. The limits
of the parcels shall be confined to the smallest area compat-
ible with proper care and management of the objects to be
protected.
(c) RelinquishMent to fedeRal goVeRnMent.— When
an object is situated on a parcel covered by a bona fide
unperfected claim or held in private ownership, the parcel,
or so much parcel as may be necessary for the proper
care and management of the object, may be relinquished
18 U.S.C. 1866
Penalties for violations of the
Antiquities Act
18 U.S.C. 1866(a)
Violation of regulations court
costs
18 U.S.C. 1866(b)
Penalties for damage, destruc
tion, etc. of antiquities
54 U.S.C. 320301
Proclamation of national monu
ments, reservation of lands, etc.
8 Federal Historic Preservation Laws
Antiquities Act
to the Federal Government and the Secretary may accept
the relinquishment of the parcel on behalf of the Federal
Government.
(d) liMitation on extension oR establishMent of national
MonuMents in WyoMing.— No extension or establishment
of national monuments in Wyoming may be undertaken ex-
cept by express authorization of Congress.
Section 3
(a) authoRity to gRant peRMit.— The Secretary, the Secre-
tary of Agriculture, or the Secretary of the Army may grant
a permit for the examination of ruins, the excavation of ar-
chaeological sites, and the gathering of objects of antiquity
upon the lands under their respective jurisdictions to an
institution that the Secretary concerned considers properly
qualified to conduct such examination, excavation, or gath-
ering, subject to such rules and regulation as the Secretary
concerned may prescribe.
(b) puRpose of exaMination, exCaVation, oR gatheRing.— A
permit may be granted only if—
(1) the examination, excavation, or gathering is under-
taken for the benefit of a reputable museum, university,
college, or other recognized scientific or educational in-
stitution, with a view to increasing the knowledge of such
objects; and
(2) the gatherings shall be made for permanent preserva-
tion in a public museum.
Section 4
The Secretary [of the Interior], the Secretary of Agriculture,
and the Secretary of the Army shall make and publish uni-
form rules and regulations for the purpose of carrying out
this chapter [of Title 54] [Section 3 of the Act].
54 U.S.C. 320302
Permits
54 U.S.C. 320303
Rules and regulations
National Park Service Organic Act 9
National Park Service Organic Act
SELECTIONS: NPS MISSION AND REPORTS ON THREATENED LANDMARKS
The National Park Service Organic Act is the short title for a much longer law that estab
lished the National Park Service and continues to address park related matters. This Act
became law on August 25, 1916 (39 Stat. 535, 54 U.S.C. 1003 et. seq.) and Section 8 of
the Act became law on October 7, 1976 (Public Law 91458, 54 U.S.C. 100507). In 2014,
Congress reorganized all laws regarding the National Park Service, including this Act, by
moving them to Title 54 of the U.S. Code. For more information about this change and
how it affects this document, please see the Editors’ Note on Title 54 in the front of this
book. In this law, unless specified to the contrary, “Secretary” refers to the Secretary of
the Interior.
Section 1
There is in the Department of the Interior a service called
the National Park Service.
(a) diReCtoR.—
(1) appointMent.— The Service shall be under the charge
of a director who shall be appointed by the President, by
and with the advice and consent of the Senate.
…
(2) qualifiCations.— The Director shall have substantial
experience and demonstrated competence in land man-
agement and natural or cultural resource conservation.
(b) deputy diReCtoRs.— The Director shall select 2 Deputy
Directors. One Deputy Director shall have responsibility for
[National Park] Service operations, and the other Deputy
Director shall have responsibility for other programs as-
signed to the [National Park] Service.
(c) otheR eMployees.— The [National Park] Service shall
have such subordinate officers and employees as may be ap-
propriated for by Congress.
(a) in geneRal.— The Secretary [of the Interior], acting
through the Director of the National Park Service, shall
promote and regulate the use of the National Park System
by means and measures that conform to the fundamental
purpose of the [National Park] System units, which purpose
is to conserve the scenery, natural and historic objects, and
wild life in the [National Park] System units and to provide
for the enjoyment of scenery, natural and historic objects,
and wild life in such manner and by such means as will leave
them unimpaired for the enjoyment of future generations.
54 U.S.C. 100301
Service created
54 U.S.C. 100302
Director, other employees
54 U.S.C. 100101(a)
Promotion and regulation of
National Park System for enjoy
ment of future generations
10 Federal Historic Preservation Laws
National Park Service Organic Act
Section 8
(a) MonitoRing aReas foR inClusion in systeM.— The Sec-
retary [of the Interior] shall investigate, study, and continu-
ally monitor the welfare of areas whose resources exhibit
qualities of national significance and that may have poten-
tial for inclusion in the [National Park] System.
aCCoMpanying synopsis.— Accompanying the annual list-
ing of areas shall be a synopsis, for each report previously
submitted, of the current and changed condition of the
resource integrity of the area and other relevant factors,
compiled as a result of continual periodic monitoring and
embracing the period since the previous such submission or
initial report submission one year earlier.
list of aReas that exhibit dangeR oR thReats to the in-
tegRity of theiR ResouRCes.— At the beginning of each
fiscal year, the Secretary shall submit to the Speaker of the
House of Representatives and the President of the Senate a
complete and current list of all areas listed on the Registry
of Natural Landmarks, and areas of national significance
listed on the National Register of Historic Places that exhib-
it known or anticipated damage or threats to the integrity of
their resources, with notations as to the nature and severity
of the damage or threats.
[rest of subsection, 54 U.S.C. 100507(f), omitted]
(b) subMission of list of aReas ReCoMMended foR study foR
potential inClusion.—
(1) When list is to be subMitted.— At the beginning of
each calendar year, with the annual budget submission,
the Secretary [of the Interior] shall submit to the Com-
mittee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the
Senate a list of areas recommended for study for potential
inclusion in the [National Park] System.
(2) faCtoRs to be ConsideRed.— In developing the list to
be submitted under this subsection, the Secretary shall
consider—
*54 U.S.C. 100507
Studies on and inclusion of
threatened landmarks in the
National Park System
*54 U.S.C. 100507(a)
Monitoring Areas For Inclusion
54 U.S.C. 100507(b)(3)
General authority to investi
gate, study, and monitor areas
of national significance
*54 U.S.C. 100507(e)
Report on threatened land
marks
*54 U.S.C. 100507(b)(1)
Recommendation of areas for
potential addition
*54 U.S.C. 100507(b)(2)
Factors to be considered
National Park Service Organic Act 11
National Park Service Organic Act
(A) those areas that have the greatest potential to meet
the established criteria of national significance, suitabil-
ity, and feasibility;
(B) themes, sites, and resources not already adequately
represented in the [National Park] System; and
(C) public petitions and Congressional resolutions
(3) CongRessional authoRization RequiRed.— No study
of the potential of an area for inclusion in the [National
Park] System may be initiated except as provided by spe-
cific authorization of an Act of Congress.
(4) authoRity to ConduCt CeRtain aCtiVities not liM-
ited.— This section and sections 100901(b), 101702(b) and
(c), and 102102 of this title [Title 54] do not limit the au-
thority of the [National Park] Service to conduct prelimi-
nary resource assessments, gather data on potential study
areas, provide technical and planning assistance, prepare
or process nominations for administrative designations,
update previous studies, or complete reconnaissance sur-
veys of individual areas requiring a total expenditure of
less than $25,000.
(5) study of RiVeRs oR tRails not affeCted.— This section
does not apply to or affect or alter the study of—
(A) any river segment for potential addition to the na-
tional wild and scenic rivers system; or
(B) any trail for potential addition to the national trails
system.
(c) study of aReas foR potential inClusion.—
(1) study to be CoMpleted Within 3 yeaRs.— The Secretary
shall complete the study for each area for potential inclu-
sion in the [National Park] System within 3 complete fis-
cal years following the date on which funds are first made
available for that purpose.
oppoRtunity foR publiC inVolVeMent RequiRed.— Each
study under this section shall be prepared with appropri-
*54 U.S.C. 100507(b)(4)
Congressional Authorization
*54 U.S.C. 100507(b)(5)
Authority not limited
54 U.S.C. 100507(b)(6)
Study of rivers or trails not af
fected
54 U.S.C. 100507(c)
Report on areas for potential
addition
12 Federal Historic Preservation Laws
National Park Service Organic Act
ate opportunity for public involvement, including at least
one public meeting in the vicinity of the area under study,
after reasonable efforts to notify potentially affected land-
owners and State and local governments.
(2) ConsideRations.— In conducting the study, the Secre-
tary shall consider whether the area under study—
(A) possesses nationally significant natural or cultural
resources and represents one of the most important ex-
amples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the system.
(3) sCope of study.— eaCh study—
(A) with regard to the area being studied, shall
consider—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) whether similar resources are already protected
in the [National Park] System or in other public or
private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development
and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration
to ensure long-term resource protection and visitor
use;
(B) shall consider whether direct [National Park] Service
management or alternative protection by other public
agencies or the private sector is appropriate for the area;
*54 U.S.C. 100507(c)(4)
Scope of study for inclusion of
new areas into the National
Park System
National Park Service Organic Act 13
National Park Service Organic Act
(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the
Director be most effective and efficient in protecting
significant resources and providing for public enjoy-
ment; and
(D) may include any other information which the Sec-
retary [of the Interior] deems to be relevant.
(4) CoMplianCe With national enViRonMental poliCy aCt
of 1969.— Each study shall be completed in compliance
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). [Relevant text included later in this
book].
(5) ReCoMMendation of pRefeRRed ManageMent option.—
The letter transmitting each completed study to Congress
shall contain a recommendation regarding the Secretary’s
preferred management option for the area.
(d) designation of offiCe.— The Secretary [of the Interior]
shall designate a single office to prepare all new area studies
and to implement other functions under this section.
(e) list of aReas pReViously studied.—
(1) subMission of list.— At the beginning of each calendar
year, with the annual budget submission, the Secretary
[of the Interior] shall submit to the Committee on Re-
sources of the House of Representatives and to the Com-
mittee on Energy and Natural Resources of the Senate, in
numerical order of priority for addition to the [National
Park] System,
(A) a list of areas that have been previously studied that
contain primarily historical resources; and
(B) a list of areas that have been previously studied that
contain primarily natural resources.
(2) ConsideRations.— In developing the lists, the Secre-
tary should consider threats to resource values, cost esca-
lation factors, and other factors listed in subsection (c) of
this title [Title 54 section 100507].
*54 U.S.C. 100507(c)(5)
Compliance with the National
Environmental Policy Act
*54 U.S.C. 100507(g)
New area study office
*54 U.S.C. 100507(d)
List of areas
14 Federal Historic Preservation Laws
National Park Service Organic Act
(3) aReas eligible foR inClusion.— The Secretary should
include on the lists only areas for which the supporting
data are current and accurate.
[subsection (f), 54 U.S.C. 100507(h), authorization of appropria
tions, omitted]
Historic Sites Act 15
Historic Sites Act
This Act became law on August 21, 1935 (49 Stat. 666; 54 U.S.C. 3201 et. seq., 1023 et.
seq.) and has been amended eight times. In 2014, Congress reorganized all laws regard
ing the National Park Service, including this Act, by moving them to Title 54 of the U.S.
Code. For more information about this change and how it affects this document, please
see the Editors’ Note on Title 54 in the front of this book. In this law, unless specified to
the contrary, “Secretary” refers to the Secretary of the Interior.
Section 1
It is declared that it is a national policy to preserve for
public use historic sites, buildings, and objects of national
significance for the inspiration and benefit of the people of
the United States. [The notes for this section include lists of
National Historic Sites, National Battlefield Sites, National
Heritage Areas, etc.]
Section 2
in geneRal.—The Secretary [of the Interior], acting
through the Director [of the National Park Service], for
the purpose of effectuating the policy expressed in section
320101 of this title [Title 54] [section 1 of this Act], has the
powers and shall perform the duties set out in this section.
(a) pReseRVation of data.— The Secretary [of the Interior]
shall secure, collate, and preserve drawings, plans, pho-
tographs, and other data of historic and archeologic sites,
buildings, and objects.
(b) suRVey.— The Secretary shall make a survey of historic
and archeologic sites, buildings, and objects for the purpose
of determining which possess exceptional value as com-
memorating or illustrating the history of the United States.
(c) inVestigations and ReseaRChes.— The Secretary shall
make necessary investigations and researches in the United
States relating to particular sites, buildings, and objects to
obtain accurate historical and archaeological facts and in-
formation concerning the sites, buildings, and objects.
(d) aCquisition of pRopeRty.— The Secretary may, for the
purpose of this chapter [of Title 54] [Act], acquire in the
name of the United States by gift, purchase, or otherwise
any property, personal or real, or any interest or estate in
property, title to any real property to be satisfactory to the
Secretary. Property that is owned by any religious or edu-
54 U.S.C. 320101
Declaration of national policy
54 U.S.C. 320102
Powers and Duties of the
Secretary
54 U.S.C. 320102(b)
Preservation of data
16 Federal Historic Preservation Laws
Historic Sites Act
cational institution or that is owned or administered for
the benefit of the public shall not be acquired without the
consent of the owner. No property shall be acquired or
contract or agreement for the acquisition of the property
made that will obligate the general fund of the Treasury for
the payment of the property, unless Congress has appropri-
ated money that is available for that purpose.
(e) ContRaCts and CoopeRatiVe agReeMents.— The Secre-
tary may contract and make cooperative agreements with
States, municipal subdivisions, corporations, associations,
or individuals, with proper bond where considered advis-
able, to protect, preserve, maintain, or operate any historic
or archeologic building, site, or object, or property used in
connection with the building, site, or object for public use,
regardless whether the title to the building, site, object, or
property is in the United States. No contract or cooperative
agreement shall be made or entered into which will obligate
the general fund of the Treasury unless or until Congress
has appropriated money that is available for that purpose.
(f) pRoteCtion of sites, buildings, objeCts, and pRopeRty.—
The Secretary [of the Interior] shall restore, reconstruct,
rehabilitate, preserve, and maintain historic or prehistoric
sites, buildings, objects, and property of national historical
or archaeological significance and where considered desir-
able establish and maintain museums in connection with
the sites, buildings, objects, and property.
(g) tablets to MaRk oR CoMMeMoRate plaCes and eVents—
The Secretary [of the Interior] shall erect and maintain tab-
lets to mark or commemorate historic or prehistoric places
and events of national historical or archeological significance.
(h) opeRation foR benefit of publiC.— The Secretary may
operate and manage historic and archeologic sites, buildings,
and property acquired under this chapter [of Title 54] [sec-
tions 1 to 7 of this Act] together with land and subordinate
buildings for the benefit of the public and may charge rea-
sonable visitation fees and grant concessions, leases, or per-
mits for the use of land, building space, roads, or trails when
necessary or desirable either to accommodate the public or
Historic Sites Act 17
Historic Sites Act
to facilitate administration. The Secretary may grant those
concessions, leases, or permits and enter into contracts relat-
ing to those contracts [sic, should be concessions], leases,
or permits with responsible persons, firms, or corporations
without advertising and without securing competitive bids.
(i) CoRpoRation to CaRRy out duties.— When the Secre-
tary [of the Interior] determines that it would be admin-
istratively burdensome to restore, reconstruct, operate, or
maintain any particular historic or archeologic site, build-
ing, or property donated to the United States through the
[National Park] Service, the Secretary may cause the res-
toration, reconstruction, operation, or maintenance to be
done by organizing a corporation for that purpose under
the laws of the District of Columbia or any State.
(j) eduCational pRogRaM and seRViCe.— The Secretary [of
the Interior] shall develop an educational program and
service for the purpose of making available to the public in-
formation pertaining to American historic and archaeologic
sites, buildings, and properties of national significance. Rea-
sonable charges may be made for the dissemination of any
such information.
(k) aCtions and Regulations neCessaRy to CaRRy out
ChapteR.—The Secretary shall perform any and all acts and
make regulations not inconsistent with this chapter [of Title
54] [sections 1 to 7 of this Act] that may be necessary and
proper to carry out this chapter [of Title 54].
[The notes for this section include support for facility improvements]
Section 3
(a) definition.— In this section, the term “Board” means
the National Park System Advisory Board established under
subsection (b).
(b) establishMent and puRpose.— There is established a
National Park System Advisory Board, whose purpose is to
advise the Director [of the National Park Service] on mat-
ters relating to the [National Park] Service, the [National
Park] System, and programs administered by the [National
Park] Service. The Board shall advise the Director on mat-
54 U.S.C. 102303
National Park System Advisory
Board
54 U.S.C. 102303(a)
Definition of Board
54 U.S.C. 102303(b)
Establishment and Purpose
18 Federal Historic Preservation Laws
Historic Sites Act
ters submitted to the Board by the Director as well as any
other issues identified by the Board.
MeMbeRship.—
(1) appointMent and teRM of offiCe.— Members of the
Board shall be appointed on a staggered term basis by the
Secretary for a term not to exceed 4 years and shall serve
at the pleasure of the Secretary.
(2) CoMposition.— The Board shall be comprised of no
more than 12 persons, appointed from among citizens of
the United States having a demonstrated commitment to
the mission of the [National Park] Service. Board mem-
bers shall be selected to represent various geographic re-
gions, including each of the administrative regions of the
[National Park] Service. At least 6 of the members shall
have outstanding expertise in one or more of the follow-
ing fields: history, archeology, anthropology, historical or
landscape architecture, biology, ecology, geology, marine
sciences, or social science. At least 4 of the members
shall have outstanding expertise and prior experience in
the management of national or State parks or protected
areas, or natural or cultural resources management. The
remaining members shall have outstanding expertise in
one or more of the areas described above or in another
professional or scientific discipline, such as financial man-
agement, recreation use management, land use planning
or business management, important to the mission of the
[National Park] Service. At least one individual shall be a
locally elected official from an area adjacent to a park.
(3) fiRst Meeting.—The Board shall hold its 1st meeting by
no later than 60 days after the date on which all members
of the Board who are to be appointed have been appointed.
(4) VaCanCy.— Any vacancy in the Board shall not affect
its powers, but shall be filled in the same manner in which
the original appointment was made.
(5) CoMpensation.— All members of the Board shall be
reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Board
54 U.S.C. 102303(c)
Membership
Historic Sites Act 19
Historic Sites Act
while away from home or their regular place of business,
in accordance with subchapter 1 of chapter 57 of Title 5 [5
U.S.C. 5701-5709, travel and subsistence expenses]. With
the exception of travel and per diem as noted above, a
member of the Board who is otherwise an officer or em-
ployee of the United States Government shall serve on
the Board without additional compensation.
duties and poWeRs of boaRd.—
(1) adopt Rules.— The Board may adopt such rules as
may be necessary to establish its procedures and to govern
the manner of its operations, organization, and personnel.
(2) adViCe and ReCoMMendations.— The Board shall ad-
vise the Secretary on matters relating to the [National
Park] System, to other related areas, and to the admin-
istration of chapter 3201 of this Title [Title 54] [sections
1 to 7 of this Act], including matters submitted to it for
consideration by the Secretary, but it shall not be required
to provide recommendations as to the suitability or desir-
ability of surplus real and related personal property for
use as a historic monument. The board shall also provide
recommendations on the designation of national historic
landmarks and national natural landmarks. The board is
strongly encouraged to consult with the major scholarly
and professional organizations in the appropriate disci-
plines in making the recommendations.
(e) staff.—The Secretary may hire 2 full-time staffers to
meet the needs of the Board.
(f) fedeRal laW not appliCable to seRViCe [on boaRd].—
Service as a member of the Board shall not be deemed service
or employment bringing the individual within the provisions
of any Federal law relating to conflicts of interest or otherwise
imposing restrictions, requirements, or penalties in relating
to the employment of persons, the performance of services,
or the payment or receipt of compensation in connection
with claims, proceedings, or matters involving the United
States. Service as a member or an employee of the Board shall
not be deemed service in an appointive or elective position
*54 U.S.C. 102303(d)
Duties and Powers of the Board
54 U.S.C. 102303(e)
Staff
54 U.S.C. 102303(f)
Applicability of Federal Law
20 Federal Historic Preservation Laws
Historic Sites Act
in the Government for purposes of section 8344 of Title 5 [5
U.S.C. 8344, civil service retirement, annuities and pay on re-
employment], or comparable provisions of Federal law.
(c)(1) aCtion on Request of diReCtoR. — Upon request of
the Director, the Board is authorized to—
(A) hold such hearings and sit and act at such times,
(B) take such testimony,
(C) have such printing and binding done,
(D) enter into such contracts and other arrangements,
(E) make such expenditures, and
(F) take such other actions as the Board may deem
advisable.
oaths oR affiRMations.— Any member of the Board may
administer oaths or affirmations to witnesses appearing be-
fore the Board.
(c)(2) CoMMittees and subCoMMittees.— The Board may
establish committee or subcommittees. The subcommittees or
committees shall be chaired by a voting member of the Board.
(g) CoopeRation of fedeRal agenCies.—
(1) infoRMation.— The Board may secure directly from
any office, department, agency, establishment, or instru-
mentality of the Federal Government such information as
the Board may require for the purpose of this section, and
each office, department, agency, establishment, or instru-
mentality shall furnish, to the extent permitted by law, the
information, suggestions, estimates, and statistics directly
to the Board, on request made by a member of the Board.
(2) faCilities and seRViCes.— On request of the Board, the
head of any Federal department, agency, or instrumen-
tality may make any of the facilities and services of the
department, agency, or instrumentality available to the
*54 U.S.C. 102303(d)(3)
Authority of Board
54 U.S.C. 102303(g)
Cooperation of Federal agencies
Historic Sites Act 21
Historic Sites Act
Board, on a nonreimbursable basis, to assist the Board in
carrying out its duties under this section.
(c)(3) use of Mails.— The Board may use the United States
mails in the same manner and under the same conditions as
other departments and agencies in the United States.
(h) fedeRal adVisoRy CoMMittee aCt.—The Federal Advi-
sory Committee Act (5 U.S.C. App.), with the exception of
section 14(b), applies to the Board.
(i) The Board continues to exist until January 1, 2010.
[Added 2014]
(a) definitions.— in this section:
(1) boaRd.— The term “Board” means the National Park
System Advisory Board established under section 102303
of this Title [Title 54] [section 3 of this Act].
(2) CounCil.— The term “Council” means the National
Park Service Advisory Council established under subsec-
tion (b) [below].
(3)(g) establishMent and puRpose.—There is established a
National Park Service Advisory Council that shall provide
advice and counsel to the Board.
(c) MeMbeRship.—
(1) eligibility.— Membership on the Council shall be lim-
ited to individuals whose term on the Board has expired.
Those individuals may serve as long as they remain active
except that not more than 12 members may serve on the
Council at any one time.
(2) CoMpensation.— Members of the Council shall receive
no salary but may be paid expenses incidental to travel
when engaged in discharging their duties as members
Voting RestRiCtion.— Members of the Council shall not
have a vote on the Board.
*54 U.S.C. 102303(d)(6)
Use of Mails
54 U.S.C. 102303(h)
Federal Advisory Committee Act
54 U.S.C. 102303(i)
Sunset
54 U.S.C. 102304
National Park Service Advisory
Council
54 U.S.C. 102304
Establishment and purpose
54 U.S.C. 102304(c)
Membership
22 Federal Historic Preservation Laws
Historic Sites Act
(a) authoRity of seCRetaRy.— The Secretary may cooperate
with and may seek and accept the assistance of any Federal,
State, or local agency, educational or scientific institution,
patriotic association, or individual.
(b) teChniCal adVisoRy CoMMittees.— When the Secretary
considers it necessary, the Secretary may establish techni-
cal advisory committees to act in an advisory capacity in
connection with the restoration or reconstruction of any
historic or prehistoric building or other structure.
(c) eMployMent of assistanCe.— The Secretary may employ
professional and technical assistance and establish service
as may be required to accomplish the purposes of this chap-
ter [of Title 54] [sections 1 to 7 of this Act] and for which
money may be appropriated by Congress or made available
by gifts for those purposes.
Section 4
Nothing in this chapter [of Title 54] [sections 1 to 7 of this
Act] shall be held to deprive any State, or political subdivi-
sion of a State, of its civil and criminal jurisdiction in and
over lands acquired by the United States under this chapter
[of Title 54] [of these sections of the Act].
Section 5
Notwithstanding any other provision of law, no funds ap-
propriated or otherwise made available to the Secretary to
carry out subsection (f) or (g) of section 320102 of this Title
[Title 54] [section 2(e) or 2(f) of this Act] may be obligated or
expended—
(1) unless the appropriation of such funds has been specifical-
ly authorized by law enacted on or after October 30, 1992; or
(2) in excess of the amount prescribed by law enacted on
or after October 30, 1992.
Section 6
[Repealed as obsolete]
54 U.S.C. 320103
Cooperation with governmental
and private agencies
54 U.S.C. 320104
Jurisdiction of States and
political subdivisions in acquired
lands
54 U.S.C. 320106
Requirement for specific
authorization
Federal Property and Administrative Services Act 23
Federal Property and Administrative Services Act
This Act became law on June 30, 1949 (63 Stat. 385, 40 U.S.C. 484(k)(3) and (4)) and has
been amended seven times. Additionally, Public Law 107217 (August 21, 2002) repealed,
reenacted “without substantive change,” and recodified these portions of the Act from
40 U.S.C. 484 to 40 U.S.C. 550. This version of the Act follows the organization and struc
ture of the original document while using the updated language from the U.S. Code. In
this law, unless specified to the contrary, “Secretary” refers to the Secretary of the Interior.
Section 550
(a) definition.— In this section, the term “State” includes
the District of Columbia, Puerto Rico, and the territories
and possessions of the United States.
(b) enfoRCeMent and ReVision of instRuMents tRansfeR-
Ring pRopeRty undeR this seCtion.—
(1) in geneRal.— Subject to disapproval by the Adminis-
trator of General Services within 30 days after notice of
a proposed action to be taken under this section, except
for personal property transferred pursuant to section
549 of this title [Title 54] [Act], the official specified in
paragraph (2) shall determine and enforce compliance
with the terms, conditions, reservations, and restrictions
contained in an instrument by which a transfer under
this section is made. The official shall reform, correct, or
amend the instrument if necessary, or conform the trans-
fer to the requirements of law. The official shall grant a re-
lease from any term, condition, reservation, or restriction
contained in the instrument, and shall convey, quitclaim,
or release to the transferee (or other eligible user) any
right or interest reserved to the Federal Government by
the instrument, if the official determines that the property
no longer serves the purpose for which it was transferred
or that a release, conveyance, or quitclaim deed will not
prevent accomplishment of that purpose. The release,
conveyance, or quitclaim deed may be made subject to
terms and conditions that the official considers necessary
to protect or advance the interests of the Government.
(2) speCified offiCial.— The official referred to in para-
graph (1) is
(A) the Secretary of Education, for property transferred
under subsection (c) for school, classroom, or other
educational use;
40 U.S.C. 550,
Disposal of surplus real property
24 Federal Historic Preservation Laws
Federal Property and Administrative Services Act
(B) the Secretary of Health and Human Services, for
property transferred under subsection (d) for use in the
protection of public health, including research;
(C) the Secretary of the Interior, for property trans-
ferred under subsection (e) for public park or recre-
ation area use;
(D) the Secretary of Housing and Urban Development,
for property transferred under subsection (f) to provide
housing or housing assistance for low-income individu-
als or families; and
(E) the Secretary of the Interior, for property trans-
ferred under subsection (h) for use as a historic monu-
ment for the benefit of the public.
[subsections 550(c) and (d) omitted]
(e) pRopeRty foR use as a publiC paRk oR ReCReation aRea.—
(1) assignMent.— The Administrator, in the Administra-
tor’s discretion and under regulations that the Admin-
istrator may prescribe, may assign to the Secretary of
the Interior for disposal surplus real property, including
buildings, fixtures, and equipment situated on the prop-
erty, that the Secretary recommends as needed for use as
a public park or recreation area.
(2) sale oR lease.— Subject to disapproval by the Admin-
istrator within 30 days after notice to the Administrator
by the Secretary of the Interior of a proposed transfer, the
Secretary, for public park or recreation area use, may sell
or lease property assigned to the Secretary under para-
graph (1) to a State, a political subdivision or instrumen-
tality of a State, or a municipality.
(3) fixing Value.— In fixing the sale or lease value of
property disposed of under paragraph (2), the Secretary
of the Interior shall take into consideration any benefit
which has accrued or may accrue to the Government
from the use of the property by the State, political subdi-
vision or instrumentality, or municipality.
Federal Property and Administrative Services Act 25
Federal Property and Administrative Services Act
(4) deed of ConVeyanCe.— The deed of conveyance of
any surplus real property disposed of under this subsec-
tion—
(A) shall provide that all of the property be used and
maintained for the purpose for which it was conveyed
in perpetuity, and that if the property ceases to be used
or maintained for that purpose, all or any portion of the
property shall, in its then existing condition, at the op-
tion of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restric-
tions, and conditions the Secretary of the Interior de-
termines are necessary to safeguard the interests of the
Government.
(f) pRopeRty foR loW inCoMe housing assistanCe.—
(1) assignMent.— The Administrator, in the Administra-
tor’s discretion and under regulations that the Adminis-
trator may prescribe, may assign to the Secretary of Hous-
ing and Urban Development for disposal surplus real
property, including buildings, fixtures, and equipment
situated on the property, that the Secretary recommends
as needed to provide housing or housing assistance for
low-income individuals or families.
(2) sale oR lease.— Subject to disapproval by the Admin-
istrator within 30 days after notice to the Administrator
by the Secretary of Housing and Urban Development of
a proposed transfer, the Secretary, to provide housing or
housing assistance for low-income individuals or fami-
lies, may sell or lease property assigned to the Secretary
under paragraph (1) to a State, a political subdivision or
instrumentality of a State, or a nonprofit organization that
exists for the primary purpose of providing housing or
housing assistance for low-income individuals or families.
(3) self-help housing.—
(A) in geneRal.— The Administrator shall disapprove
a proposed transfer of property under this subsection
unless the Administrator determines that the property
26 Federal Historic Preservation Laws
Federal Property and Administrative Services Act
will be used for low-income housing opportunities
through the construction, rehabilitation, or refurbish-
ment of self-help housing, under terms requiring that
(i) subject to subparagraph (B), an individual or fam-
ily receiving housing or housing assistance through
use of the property shall contribute a significant
amount of labor toward the construction, rehabilita-
tion, or refurbishment; and
(ii) dwellings constructed, rehabilitated, or refur-
bished through use of the property shall be quality
dwellings that comply with local building and safety
codes and standards and shall be available at prices
below prevailing market prices.
(B) guidelines foR ConsideRing disabilities.— For
purposes of fulfilling self-help requirements under
paragraph (3)(A)(i), the Administrator shall ensure that
nonprofit organizations receiving property under para-
graph (2) develop and use guidelines to consider any
disability (as defined in section 3(2) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102(2)).
(4) fixing Value.—
(A) in geneRal.— In fixing the sale or lease value of
property disposed of under paragraph (2), the Secre-
tary of Housing and Urban Development shall take into
consideration and discount the value for any benefit
which has accrued or may accrue to the Government
from the use of the property by the State, political sub-
division or instrumentality, or nonprofit organization.
(B) aMount of disCount.— The amount of the discount
under subparagraph (A) is 75 percent of the market
value of the property, except that the Secretary of
Housing and Urban Development may discount by a
greater percentage if the Secretary, in consultation with
the Administrator, determines that a higher percentage
is justified.
[subsection 550(g) omitted]
Federal Property and Administrative Services Act 27
Federal Property and Administrative Services Act
(h) pRopeRty foR use as a histoRiC MonuMent.—
(1) ConVeyanCe.—
(A) in geneRal.— Without monetary consideration
to the Government, the Administrator may convey to
a State, a political subdivision or instrumentality of a
State, or a municipality, the right, title, and interest of
the Government in and to any surplus real and related
personal property that the Secretary of the Interior
determines is suitable and desirable for use as a historic
monument for the benefit of the public.
(B) ReCoMMendation by national paRk systeM adVisoRy
boaRd.— Property may be determined to be suitable
and desirable for use as a historic monument only in
conformity with a recommendation by the National
Park System Advisory Board established under [section
102303 of Title 54] [Section 3 of the Act of August 21,
1935] [known as the Historic Sites, Buildings, and An-
tiquities Act]. Only the portion of the property that is
necessary for the preservation and proper observation
of the property’s historic features may be determined
to be suitable and desirable for use as a historic monu-
ment.
(2) ReVenue-pRoduCing aCtiVity.—
(A) in geneRal.— The Administrator may authorize
use of any property conveyed under this subsection
for revenue producing activities if the Secretary of the
Interior—
(i) determines that the activities are compatible with
use of the property for historic monument purposes;
(ii) approves the grantee’s plan for repair, rehabilita-
tion, restoration, and maintenance of the property;
(iii) approves the grantee’s plan for financing the re-
pair, rehabilitation, restoration, and maintenance of
the property; and
28 Federal Historic Preservation Laws
Federal Property and Administrative Services Act
(iv) examines and approves the accounting and finan-
cial procedures used by the grantee.
(B) use of exCess inCoMe.— The Secretary of the Inte-
rior may approve a grantee’s financial plan only if the
plan provides that the grantee shall use income exceed-
ing the cost of repair, rehabilitation, restoration, and
maintenance only for public historic preservation, park,
or recreational purposes.
(C) audits.— The Secretary of the Interior may period-
ically audit the records of the grantee that are directly
related to the property conveyed.
(3) deed of ConVeyanCe.— The deed of conveyance of any
surplus real property disposed of under this subsection—
(A) shall provide that all of the property be used and
maintained for historical monument purposes in per-
petuity, and that if the property ceases to be used or
maintained for historical monument purposes, all or
any portion of the property shall, in its then existing
condition, at the option of the Government, revert to
the Government; and
(B) may contain additional terms, reservations, restric-
tions, and conditions the Administrator determines are
necessary to safeguard the interests of the Government.
National Trust for Historic Preservation 29
National Trust for Historic Preservation
CREATION AND PURPOSE
This Act became law on October 26, 1949 (63 Stat. 927, 54 U.S.C. 3121 et. seq.) and has
been amended twice. In 2014, Congress reorganized all laws regarding the National Park
Service, including this Act, by moving them to Title 54 of the U.S. Code. For more infor
mation about this change and how it affects this document, please see the Editors’ Note
on Title 54 in the front of this book. In this law, unless specified to the contrary, “Secre
tary” refers to the Secretary of the Interior.
Definitions [Added in 2014 but defined from Section 1
of this Act]
In this chapter [of Title 54]:
(1) boaRd.— The term “Board” means the board of trustees
of the National Trust.
(2) national tRust.— The term “National Trust” means the
National Trust for Historic Preservation in the United States
established under section 312102 of this title [Title 54] [Sec-
tion 1 of this Act].
Section 1
(a) establishMent.— To further the policy enunciated in
chapter 3201 of this title [Title 54] [sections 1 to 7 of the
Historic Sites Act], and to facilitate public participation in
the preservation of sites, buildings, and objects of national
significance or interest, there is created a charitable, educa-
tional, and nonprofit corporation, to be known as the Na-
tional Trust for Historic Preservation in the United States.
(b) puRposes.— The purposes of the National Trust shall be
to
(1) receive donations of sites, buildings, and objects sig-
nificant in American history and culture;
(2) preserve and administer the sites, buildings, and ob-
jects for public benefit;
(3) accept, hold, and administer gifts of money, securities,
or other property of any character for the purpose of car-
rying out the preservation program; and
(4) execute such other functions vested in the National
Trust by this chapter of this Title [Title 54] [sections 1 to 5
of this Act.]
54 U.S.C. 312101
Definitions
54 U.S.C. 312102
National Trust for Historic Pres
ervation in the United States
creation, purpose
30 Federal Historic Preservation Laws
National Trust for Historic Preservation
Section 2
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.
Section 3
(a) MeMbeRship.— The affairs of the National Trust shall be
under the general direction of a board of trustees composed
as follows:
(1) The Attorney General, the Secretary [of the Interior],
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) designation of anotheR offiCeR.— The Attorney Gen-
eral and the Secretary [of the Interior], when 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 dis-
charge of their duties as a member of the Board.
(c) geneRal tRustees.—
(1) nuMbeR and seleCtion.— The number of general trust-
ees shall be fixed by the Board and shall be chosen by the
members of the National Trust from its members at any
regular meeting of said National Trust.
(2) teRM of offiCe.— The respective terms of office of the
general trustees shall be as prescribed by the Board but in
no case shall exceed a period of 5 years from the date of
election.
(3) suCCessoR.— A successor to a general trustee shall be
chosen in the same manner and shall have a term expiring 5
years from the date of the expiration of the term for which
54 U.S.C. 312103
Principle office of National Trust
54 U.S.C. 312104
Board of Trustees
National Trust for Historic Preservation 31
National Trust for Historic Preservation
his predecessor was chosen, except that a successor chosen
to fill a vacancy occurring prior to the expiration of such
term shall be chosen only for the remainder of that term.
(d) ChaiRMan.— The chairman of the Board shall be elected
by a majority vote of the members of the Board.
(e) CoMpensation and ReiMbuRseMent.— No compensation
shall be paid to the 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 attend-
ing board meetings and performing other official duties on
behalf of the National Trust at the direction of the Board.
Section 4
(a) in geneRal.— To the extent necessary to enable it to
carry out the functions vested in it by this chapter of this
title [Title 54] [sections 1 to 5 of this Act], the National Trust
has the general powers described in this section.
(b) suCCession.— The National Trust has succession until
dissolved by Act of Congress, in 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 de-
mands by or against the National Trust, pass to and become
vested in the United States.
(c) sue and be sued.— The National Trust may sue and be
sued in its corporate name.
(d) CoRpoRate seal.— The National Trust may adopt, alter,
and use a corporate seal that shall be judicially noticed.
(e) Constitution, bylaWs, and Regulations.—The National
Trust may adopt a 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 of this
title [Title 54] [sections 1 to 5 of this Act], including among
other matter, bylaws, and regulations governing visitation to
historic properties, administration of corporate funds, and
the organization and procedure of the Board.
54 U.S.C. 312105
Powers and duties of National
Trust
32 Federal Historic Preservation Laws
National Trust for Historic Preservation
(f) peRsonal pRopeRty.— The National Trust may accept,
hold, and administer gifts and bequests of money, securi-
ties, 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 the gift
or bequest, the National Trust may sell, exchange, or oth-
erwise 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 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) Real pRopeRty.— The National Trust may acquire by gift,
devise, purchase, or otherwise, 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 [national parks and national monuments]), as may be
necessary and proper in carrying into effect the purposes of
the National Trust.
(h) ContRaCts and CoopeRatiVe agReeMents RespeCting
pRoteCtion, pReseRVation, MaintenanCe, oR opeRation.—
The National Trust may contract and make cooperative
agreements with Federal, State, or local agencies, corpora-
tions, associations, or individuals, under terms and condi-
tions that the National Trust considers advisable, respecting
the protection, preservation, maintenance, or operation of
any historic site, building, object, or property used in con-
nection 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) enteR into ContRaCts and exeCute agReeMents.— The
National Trust may enter into contracts generally and ex-
ecute 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
National Trust for Historic Preservation 33
National Trust for Historic Preservation
property considered desirable either to accommodate the
public or to facilitate administration.
(j) offiCeRs, agents, and eMployees.— The National Trust
may appoint and prescribe the duties of officers, agents, and
employees as may be necessary to carry out its functions,
and to fix and pay such compensation to them for their ser-
vices as the National Trust may determine.
(k) laWful aCts.— The National Trust may generally to do
any and all lawful acts necessary or appropriate to carry out
the purposes for which the National Trust is created.
Section 5
In carrying out its functions under this chapter of this title
[Title 54] [sections 1 to 5 of this Act], the National Trust may
consult with the National Park System Advisory Board on
matters relating to the selection of sites, buildings, and ob-
jects to be preserved and protected pursuant to this chapter
[of Title 54] [of this Act].
Section 6
[Section repealed]
54 U.S.C. 312106
Consultation with the National
Park System Advisory Board
16 U.S.C. 468e
Repealed
34 Federal Historic Preservation Laws
Section 1
[Not Repealed but Omitted from title 54. See Public Laws 86523
(1960) and 93291 (1974) for the most current language]
It is the purpose of this Act [54 U.S.C. chapter 3125] to fur-
ther the policy set forth in the Act entitled, “An Act to pro-
vide for the preservation of historic American sites, build-
ings, objects, and antiquities of national significance, and
for other purposes,” approved August 21, 1935 [Historic Sites
Act, 54 3201 et seq., 102303, 102304] by specifically provid-
ing for the preservation of historical and archeological data
(including relics and specimens) which might otherwise be
irreparably lost or destroyed as the result of (1) flooding,
the building of access roads, the erection of workmen’s
communities, the relocation of railroads and highways, and
other alterations of the terrain caused by the construction of
a dam by any agency of the United States, or by any private
person or corporation holding a license issued by any such
agency or (2) any alteration of the terrain caused as a result
of any Federal construction project or federally licensed ac-
tivity or program.
Section 2
(a) in geneRal.— Before any Federal agency undertakes
the construction of a dam, or issues a license to any private
individual or corporation for the construction of a dam, it
shall give written notice to the Secretary [of the Interior]
setting forth the site of the proposed dam and the approxi-
mate area to be flooded and otherwise changed if such con-
struction is undertaken.
(b) daMs With CeRtain detention CapaCity oR ReseRVoiR.—
With respect to any flood water retarding dam that provides
fewer than 5,000 acre-feet of detention capacity, and with
respect to any other type of dam which creates a reservoir
16 U.S.C. 469
Purpose
54 U.S.C. 312505
Notice of dam construction
to be given Secretary of the
Interior
Archeological and Historic Preservation Act
This Act became law on June 27, 1960 (Public Law 86523, [now] 54 U.S.C. 3125 et. seq.).
The Act was originally known as the “Reservoir Salvage Act” when the initial legisla
tion was enacted in 1960. With broadening amendments, the Act became known as the
“Moss Bennett Act” (after an early amendment) or the “Archeological Recovery Act.”
In 2014, Congress reorganized all laws regarding the National Park Service, including
this Act, by moving them to Title 54 of the U.S. Code. For more information about this
change and how it affects this document, please see the Editors’ Note on Title 54 in the
front of this book.
Archeological and Historic Preservation Act 35
Archeological and Historic Preservation Act
of fewer than 40 surface acres, this section shall apply only
when the constructing agency, in its preliminary surveys,
finds, or is presented with evidence that historical or arche-
ological materials exist or may be present in the proposed
reservoir area.
Section 3
(a) aCtiVity of fedeRal agenCy.—
(1) notifiCation of seCRetaRy.— When any Federal
agency finds, or is notified, in writing, by an appropri-
ate 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) ReCoVeRy, pRoteCtion, and pReseRVation of data.—
The agency—
(A) may request the Secretary to undertake the recov-
ery, 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, pro-
gram, or activity, undertake those activities.
(3) aVailability of RepoRts.— Copies of reports of any
investigations made pursuant to this section shall be sub-
mitted to the Secretary, who shall make them available to
the public for inspection and review.
(b) aCtiVity of pRiVate peRson, assoCiation, oR publiC
entity.—
(1) ReCoVeRy by seCRetaRy.— When any Federal agency
provides financial assistance by loan, grant, or otherwise
to any private person, association, or public entity, the
54 U.S.C. 312502
Threat of loss or destruction of
significant data by Federal con
struction projects
36 Federal Historic Preservation Laws
Archeological and Historic Preservation Act
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, associa-
tions, or public entities having a legal interest in the
property, a survey of the affected site; and
(B) undertake the recovery, protection, and preserva-
tion of the data (including analysis and publication).
(2) CoMpensation.— The Secretary shall, unless otherwise
mutually agreed to in 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 any nonfederally owned land.
Section 4
(a) in geneRal.— The Secretary, upon notification, in writ-
ing, by any Federal or State agency or appropriate historical
or archeological authority that scientific, prehistorical, his-
torical, or archeological data are being or may be irrevoca-
bly 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 pub-
lic interest.
(b) When suRVey oR ReCoVeRy not RequiRed.— No survey
or recovery work shall be required pursuant to this section
that, in the determination of the head of the responsible
agency, would impede Federal or federally assisted or li-
censed projects or activities undertaken in connection with
54 U.S.C. 312503
Survey, data recovery, and com
pensation
Archeological and Historic Preservation Act 37
Archeological and Historic Preservation Act
any emergency, including projects or activities undertaken
in anticipation of, or as a result of, a natural disaster.
(c) initiation of suRVey.— The Secretary shall initiate the
survey or recovery effort within —
(1) 60 days after notification to him pursuant to subsec-
tion (a); or
(2) such time as may be agreed upon with the head of the
agency responsible for funding or licensing the project,
activity, or program in all other cases.
(d) CoMpensation by seCRetaRy.— The Secretary shall, un-
less otherwise agreed to in 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.
Section 5
(a) pRogRess RepoRts to funding oR liCensing agenCy.—
The Secretary shall keep the agency responsible for funding
or licensing the project notified at all times of the progress
of any survey made under this chapter [of Title 54}] [sec-
tions 1 to 7 of this Act] or of any work undertaken as a result
of the survey, in order that there will be as little disruption
or delay as possible in the carrying out of the functions of
such agency. The survey and recovery programs shall ter-
minate at a time agreed on by the Secretary and the head of
the agency unless extended by agreement.
(b) disposition of ReliCs and speCiMens.— The Secretary
shall consult with any interested Federal and State agencies,
educational and scientific organizations, private institutions,
and qualified individuals, with a view to determining the
ownership of, and the most appropriate repository for, any
relics and specimens recovered as a result of any work per-
formed as provided for in this section.
(c) CooRdination of aCtiVities.— The Secretary shall coor-
dinate all Federal survey and recovery activities authorized
under this chapter[of Title 54] [sections 1 to 7 of this Act].
54 U.S.C. 312504
Progress reports, disposition of
relics, and coordination
38 Federal Historic Preservation Laws
Archeological and Historic Preservation Act
Section 6
In the administration of this chapter [of Title 54] [sections 1
to 8 of this Act] the Secretary may—
(1) enter into contracts or make cooperative agreements
with any Federal or State agency, educational or scientific
organization, or institution, corporation, association, or
qualified individual;
(2) obtain the services of experts and consultants or orga-
nizations of experts and consultants in accordance with
section 3109 of title 5 [of the United States Code]; and
(3) accept and utilize funds made available for salvage
archeological purposes by any private person or corpora-
tion or transferred to the Secretary by any Federal agency.
Section 7
(a) assistanCe of fedeRal agenCies.— To carry out the pur-
poses of this chapter [sections 1 to 8 of this Act], any Federal
agency responsible for a construction project may assist the
Secretary and/or it may transfer to the Secretary such funds
as may be agreed upon, but not more than 1 per cent of the
total amount authorized to be appropriated for the project,
except that the 1 per cent limitation of this section shall not
apply if the cost of the project is $50,000 or less: The costs
of the survey, recovery, analysis, and publication shall be
considered nonreimbursable project costs.
(b) aVailability of appRopRiations— Amounts appropriated
for purposes of this section shall remain available until
expended.
Section 8
In this chapter [of Title 54] [sections 1 to 8 of this Act], the
term “State” includes a State, the District of Columbia,
Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Northern Mariana Islands.
54 U.S.C. 312506
Administration issues
54 U.S.C. 312507
Use of project funds and autho
rization of appropriation
54 U.S.C. 312501
“State” defined
Archeological and Historic Preservation Act 39
Archeological and Historic Preservation Act
Addendum
[Addendum to the Archeological and Historic Preservation
Act of 1974, as amended, from section 208 of the National
Historic Preservation Act Amendments of 1980 [Public Law
96- 515], as amended.]
Section 208
Notwithstanding section 312507(a) of this title [Title 54]
[section 7(a) of this Act] or any other provision of law—
(1) identification, surveys, and evaluation carried out with
respect to historic property within project areas may be
treated for purposes of any law or rule of law as planning
costs of the project and not as costs of mitigation;
(2) reasonable costs for identification, surveys, evaluation,
and data recovery carried out with respect to historic
property within project areas may be charged to Federal
licensees and permittees as a condition to the issuance of
the license or permit; and
(3) Federal agencies, with the concurrence of the Secre-
tary and after notification of the Committee on Natural
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate,
may waive, in appropriate cases, the 1 per cent limitation
contained in section 312507(a) of this title [Title 54] [sec-
tion 7 of this Act].
54 U.S.C. 312508
Costs for identification, surveys,
evaluation, and data recovery
Pictured: A 1934 photograph of the Acoma Pueblo near Albuquerque, New Mexico. This site was
designated a National Historic Landmark in 1960, listed in the National Register of Historic Places
upon the Register’s creation in 1966, and received a Save America’s Treasures grant in 2010. Photo
graph by James Slack courtesy of the Historic American Buildings Survey.
National Historic Preservation Act 41
National Historic Preservation Act
First passed in 1966, the National Historic Preservation Act revolutionized the world of
historic preservation when it established systems and standards for coordinating his toric
preservation efforts between the federal government and state, local, and tribal govern
ments. It remains the most expansive legislation about historic preservation in the United
States. In 2014, Congress reorganized all laws regarding the National Park Ser vice, includ
ing this Act, by moving them to Title 54 of the U.S. Code. For more information about
this change and how it affects this document, please see the Editors’ Note on Title 54 in
the front of this book. In this law, unless specified to the contrary, “Secretary” refers to
the Secretary of the Interior.
Section 1
[Not repealed but omitted from the text of Title 54]
(a) This Act may be cited as the “National Historic Preser-
vation Act.”
(b) The Congress finds and declares that—
(1) the spirit and direction of the Nation are founded
upon and reflected in its historic heritage;
(2) the historical and cultural foundations of the Nation
should be preserved as a living part of our community life
and development in order to give a sense of orientation to
the American people;
(3) historic properties significant to the Nation’s heritage
are being lost or substantially altered, often inadvertently,
with increasing frequency;
(4) the preservation of this irreplaceable heritage is in
the public interest so that its vital legacy of cultural, edu-
cational, aesthetic, inspirational, economic, and energy
benefits will be maintained and enriched for future gen-
erations of Americans;
(5) in the face of ever-increasing extensions of urban cen-
ters, highways, and residential, commercial, and industrial
developments, the present governmental and nongov-
ernmental historic preservation programs and activities
are inadequate to insure future generations a genuine op-
portunity to appreciate and enjoy the rich heritage of our
Nation;
(6) the increased knowledge of our historic resources, the
establishment of better means of identifying and adminis-
tering them, and the encouragement of their preservation
54 U.S.C. 100101 (note)
Short title of the Act
Pub. L. 89 –665
Pub. L. 96 – 515
Purpose of the Act
42 Federal Historic Preservation Laws
National Historic Preservation Act
will improve the planning and execution of Federal and
federally assisted projects and will assist economic growth
(7) although the major burdens of historic preservation
have been borne and major efforts initiated by private
agencies and individuals, and both should continue to
play a vital role, it is nevertheless necessary and appropri-
ate for the Federal Government to accelerate its historic
preservation programs and activities, to give maximum
encouragement to agencies and individuals undertaking
preservation by private means, and to assist State and lo-
cal governments and the National Trust for Historic Pres-
ervation in the United States to expand and accelerate
their historic preservation programs and activities.
Section 2
It is the policy of the Federal Government, in cooperation
with other nations and in partnership with States, local
governments, Indian tribes, Native Hawaiian organizations,
and private organizations and individuals to—
(1) use measures, including financial and technical as-
sistance, to foster conditions under which our modern
society and our historic property can exist in productive
harmony and fulfill the social, economic, and other re-
quirements of present and future generations;
(2) provide leadership in the preservation of the historic
property of the United States and of the international
community of nations and in the administration of the
national preservation program;
(3) administer federally owned, administered, or con-
trolled historic property in a spirit of stewardship for the
inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned
historic property and give maximum encouragement to
organizations and individuals undertaking preservation
by private means;
54 U.S.C. 300101
Policy
National Historic Preservation Act 43
National Historic Preservation Act
(5) encourage the public and private preservation and
utilization of all usable elements of the Nation’s historic
built environment; and
(6) assist State and local governments, Indian tribes and
Native Hawaiian organizations, and the National Trust
to expand and accelerate their historic preservation pro-
grams and activities.
Title I, Historic Preservation Programs
Section 101
(a)(1)(A) The Secretary [of the Interior] may expand and
maintain a National Register of Historic Places composed
of districts, sites, buildings, structures, and objects signifi-
cant in American history, architecture, archaeology, engi-
neering, and culture.
Notwithstanding section 43(c) of the Act of July 5, 1946
(known as the Trademark Act of 1946) (15 U.S.C. 1125(c)),
buildings and structures on or eligible for inclusion on the
National Register (either individually or as part of a historic
district), or designated as an individual landmark or as a
contributing building in a historic district by a unit of State
or local government, may retain the name historically asso-
ciated with the building or structure.
(B) in geneRal.— A property that meets the criteria for
National Historic Landmarks established pursuant to
section 302103 [of Title 54] [section 101(a)(2) of this Act]
shall be designated as a National Historic Landmark
and included on the National Register, subject to the
requirements of section 302107 [of Title 54] [section
101(a)(7) of this Act].
histoRiC pRopeRty on national RegisteR on deCeMbeR
12, 1980.— All historic property included on the Na-
tional Register on December 12, 1980 [the date of enact-
ment of the National Historic Preservation Act Amend-
ments of 1980], shall be deemed to be included on the
National Register as of their initial listing for purposes
of this [Act].
54 U.S.C. Chapter 3021—Nation
al Register of Historic Places
54 U.S.C. 302101
Maintenance by Secretary
54 U.S.C. 302106
Retention of name
54 U.S.C. 302102
Inclusion of properties on the
National Register
44 Federal Historic Preservation Laws
National Historic Preservation Act
histoRiC pRopeRty listed in fedeRal RegisteR of febRu-
aRy 6, 1979, oR pRioR to deCeMbeR 12, 1980, as national
histoRiC landMaRks.— All historic property listed in
the Federal Register of February 6, 1979, or prior to
December 12, 1980, as National Historic Landmarks
are declared by Congress to be National Historic
Landmarks of national historic significance as of their
initial listing in the Federal Register for purposes of this
[Act] and chapter 3201 of [title 54] [chapter on policy
and administrative positions], except that in the case
of a National Historic Landmark district for which no
boundaries had been established as of December 12,
1980, boundaries shall first be published in the Federal
Register.
(2) The Secretary, in consultation with national historical
and archaeological associations, shall establish criteria for
properties to be included on the National Register and
criteria for National Historic Landmarks; and promulgate
regulations for—
(A) nominating properties for inclusion on, and
removal from, the National Register and the
recommendation of properties by certified local
governments;
(B) designating properties as National Historic Land-
marks and removing that designation;
(C) considering appeals from recommendations, nomi-
nations, removals, and designations (or any failure
or refusal by a nominating authority to nominate or
designate);
(D) nominating historic property for inclusion in the
World Heritage List in accordance with the terms of the
World Heritage Convention;
(E) making determinations of eligibility of properties
for inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate
local governments, and the general public, when the
National Historic Landmarks
Designation
54 U.S.C. 302103
Criteria and regulations relating
to National Register, National
Historic Landmarks, and World
Heritage list
National Historic Preservation Act 45
National Historic Preservation Act
property is being considered for inclusion on the Na-
tional Register, for designation as a National Historic
Landmark or for nomination to the World Heritage List.
(3) noMination by state.— Subject to the requirements of
section 302107 [of title 54] [section 101(a)(6) of this Act],
any State that is carrying out a program approved under
chapter 3023 [of title 54] [section 101(b) of this Act] shall
nominate to the Secretary property that meets the criteria
promulgated under section 302103 [of title 54] [section
101(a)(2) of this Act] for inclusion on the National Regis-
ter. Subject to section 302107 [of title 54] [section 101(a)(7)
of this Act], any property nominated under this subsec-
tion or under section 306102 [of title 54] [section 101(a)
(2) of this Act] shall be included on the National Register
on the date that is 45 days after receipt by the Secretary of
the nomination and the necessary documentation, unless
the Secretary disapproves the nomination within the 45-
day period or unless an appeal is filed under paragraph
(5).
(4) noMination by peRson oR loCal goVeRnMent.— Sub-
ject to the requirements of section 302107 [of Title 54]
[section 101(a)(2) of this Act], the Secretary may accept a
nomination directly from any person or local government
for inclusion of a property on the National Register only
if the property is located in a State where there is no pro-
gram approved under chapter 3023 [of Title 54] [section
101(b) of this Act]. The Secretary may include on the Na-
tional Register any property for which such a nomination
is made if the Secretary determines that such property is
eligible in accordance with the regulations promulgated
under Section 302103 [of Title 54] [section 101(a)(2) of this
Act]. The determination shall be made within 90 days
from the date of the nomination unless the nomination is
appealed under paragraph (5).
noMination by a fedeRal agenCy.— Subject to the re-
quirements of section 302107 [of title 54] [section 101(a)
(7) of this Act], the regulations promulgated under sec-
tion 302103 [of title 54] [section 101(a)(2) of this Act], and
appeal under paragraph (5) of this section, the Secretary
54 U.S.C. 302104
Nominations for inclusion on
National Register
54 U.S.C. 302104(a)
Nominations by state
54 U.S.C. 302104(b)
Nominations from individuals
and local governments
54 U.S.C. 302104(c)
Nominations by a Federal
Agency
46 Federal Historic Preservation Laws
National Historic Preservation Act
may accept a nomination directly by a Federal agency for
inclusion of property on the National Register only if—
(A) completed nominations are sent to the State Histor-
ic Preservation Officer for review and comment regard-
ing the adequacy of the nomination, the significance of
the property and its eligibility for the National Register;
(B) within 45 days of receiving the completed nomina-
tion, the State Historic Preservation Officer has made
a recommendation regarding the nomination to the
Federal Preservation Officer, except that failure to meet
this deadline shall constitute a recommendation to not
support the nomination;
(C) the chief elected officials of the county (or equiva-
lent governmental unit) and municipal political juris-
diction in which the property is located are notified
and given 45 days in which to comment;
(D) the Federal Preservation Officer forwards it to the
Keeper of the National Register of Historic Places af-
ter determining that all procedural requirements have
been met, including those in paragraphs (A) through
(C) above; the nomination is adequately documented;
the nomination is technically and professionally correct
and sufficient; and may include an opinion as to wheth-
er the property meets the National Register criteria for
evaluation;
(E) notice is provided in the Federal Register that the
nominated property is being considered for listing on
the National Register that includes any comments and
the recommendation of the State Historic Preservation
Officer and a declaration whether the State Historic
Preservation Officer has responded within the 45-day
period of review provided in paragraph (B); and
(F) the Secretary addresses in the Federal Register any
comments from the State Historic Preservation Officer
that do not support the nomination of the property on
the National Register before the property is included in
the National Register
National Historic Preservation Act 47
National Historic Preservation Act
(5) appeal.— Any person or local government may appeal
to the Secretary a nomination of any property for inclu-
sion on the National Register; and the failure of a nomi-
nating authority to nominate a property in accordance
with this chapter.
(6)(a) Regulations.— The Secretary shall promulgate reg-
ulations requiring that before any property may be includ-
ed on the National Register or designated as a National
Historic Landmark, the owner or owners of such prop-
erty, or a majority of the owners of the individual proper-
ties within a district in the case of a historic district, shall
be given the opportunity (including a reasonable period
of time) to concur in, or object to, the nomination of the
property for inclusion or designation. The regulations
shall include provisions to carry out this section in the
case of multiple ownership of a single property.
(b) When the pRopeRty shall not be inCluded on na-
tional RegisteR oR designated as national histoRiC
landMaRk.— If the owner of any privately owned prop-
erty, or a majority of the owners of such properties within
the district in the case of a historic district, object to in-
clusion or designation, the property shall not be included
on the National Register or designated as a National His-
toric Landmark until the objection is withdrawn.
(c) ReVieW by seCRetaRy.— The Secretary shall review the
nomination of the property when an objection has been
made and shall determine whether or not the property is
eligible for inclusion or designation. If the Secretary de-
termines that the property is eligible for inclusion or des-
ignation, the Secretary shall inform the Advisory Council
on Historic Preservation, the appropriate State Historic
Preservation Officer, the appropriate chief elected local
official, and the owner or owners of the property of the
Secretary’s determination.
(7) The Secretary shall promulgate regulations—
(A) ensuring that significant prehistoric and historic
artifacts, and associated records, subject to subchapter
54 U.S.C. 302104(d)
Appeals of Nominations
54 U.S.C. 302105
Owner participation in nomina
tion process
54 U.S.C. 302107
Regulations for curation,
documentation, and local
government certification
48 Federal Historic Preservation Laws
National Historic Preservation Act
1 of chapter 3061 [of title 54] [section 110 of this Act],
chapter 3125 [of title 54] [Archeological and Historic
Preservation Act, found later in this text], or the Ar-
cheological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.) [found elsewhere in this text] are depos-
ited in an institution with adequate long-term curatorial
capabilities;
(B) establishing a uniform process and standards for
documenting historic property by public agencies and
private parties for purposes of incorporation into, or
complementing, the national historical architectural
and engineering records in the Library of Congress;
and
(C) certifying local governments, in accordance with
sections 302502 and 302503 [of Title 54] [section 101(c)
(1) of this Act] and for the transfer of funds pursuant to
section 302902(c)(4) [of Title 54] [section 103(c) of this
Act].
(8) At least once every 4 years, the Secretary, in consulta-
tion with the Council and with State Historic Preserva-
tion Officers, shall review significant threats to historic
property to—
(A) determine the kinds of historic property that may
be threatened;
(B) ascertain the causes of the threats; and
(C) develop and submit to the President and Congress
recommendations for appropriate action.
(b)(1) The Secretary, in consultation with the National Con-
ference of State Historic Preservation Officers and the Na-
tional Trust, shall promulgate regulations for State Historic
Preservation Programs. The regulations shall provide that
a State program submitted to the Secretary under this [Act]
shall be approved by the Secretary if the Secretary deter-
mines that the program provides for—
54 U.S.C. 302108
Review threats to historic
property
54 U.S.C. Chapter 3023 – State
Historic Preservation Programs
54 U.S.C. 302301
Regulations
National Historic Preservation Act 49
National Historic Preservation Act
(A) the designation and appointment by the chief elect-
ed official of the State of a State Historic Preservation
Officer to administer the program in accordance with
section 302303 [of Title 54] [section 101(b)(3) of this Act]
and for the employment or appointment by the officer
of such professionally qualified staff as may be neces-
sary for those purposes;
(B) an adequate and qualified State historic preserva-
tion review board designated by the State Historic Pres-
ervation Officer unless otherwise provided for by State
law; and
(C) adequate public participation in the State Historic
Preservation Program, including the process of recom-
mending properties for nomination to the National
Register.
(2)(A) When eValuation should oCCCuR. [sic]— Pe-
riodically, but not less than every 4 years after the ap-
proval of any State program under section 302301 [of
Title 54] [section 101(b)(1) of this Act], the Secretary,
in consultation with the Council on the appropriate
provisions of this [Act], and in cooperation with the
State Historic Preservation Officer, shall evaluate the
program to determine whether it is consistent with this
title [Title 54] [Act].
(B) disappRoVal of pRogRaM.—If, at any time, the Secre-
tary determines that a major aspect of a State program
is not consistent with this [Act], the Secretary shall dis-
approve the program and suspend in whole or in part
any contracts or cooperative agreements with the State
and the State Historic Preservation Officer under this
[Act], until the program is consistent with this [Act],
unless the Secretary determines that the program will
be made consistent with this [Act] within a reasonable
period of time.
(C) oVeRsight.—The Secretary, in consultation with
State Historic Preservation Officers, shall establish
oversight methods to ensure State program consistency
Designation of the State Historic
Preservation Officer
Designation of the State Review
Board
54 U.S.C. 302302
Program Evaluations
50 Federal Historic Preservation Laws
National Historic Preservation Act
and quality without imposing undue review burdens on
State Historic Preservation Officers.
(D) state fisCal audit and ManageMent systeM.—
Substitution for Comparable Federal Systems—At the
discretion of the Secretary, a State system of fiscal audit
and management may be substituted for comparable
Federal systems so long as the State system—
(i) establishes and maintains substantially similar ac-
countability standards; and
(ii) provides for independent professional peer review.
Fiscal audits and review by secretary—The Secretary may
conduct periodic fiscal audits of State programs approved
under this [section] as needed; and shall ensure that such
programs meet applicable accountability standards.
(3) in geneRal.—It shall be the responsibility of the State
Historic Preservation Officer to administer the State His-
toric Preservation Program and to administer the State His-
toric Preservation Program.
paRtiCulaR Responsibilities.— It shall be the responsibility
of the State Historic Preservation Officer to—
(A) in cooperation with Federal and State agencies,
local governments, and private organizations and indi-
viduals, direct and conduct a comprehensive statewide
survey of historic property and maintain inventories of
the property;
(B) identify and nominate eligible property to the Na-
tional Register and otherwise administer applications
for listing historic property on the National Register;
(C) prepare and implement a comprehensive statewide
historic preservation plan;
(D) administer the State program of Federal assistance
for historic preservation within the State;
54 U.S.C. 302303
State Historic Preservation
Officer Responsibilities
National Historic Preservation Act 51
National Historic Preservation Act
(E) advise and assist, as appropriate, Federal and State
agencies and local governments in carrying out their
historic preservation responsibilities;
(F) cooperate with the Secretary, the Council, other
Federal and State agencies, local governments, and
private organizations and individuals to ensure that his-
toric property is taken into consideration at all levels of
planning and development;
(G) provide public information, education, and train-
ing, and technical assistance in historic preservation;
(H) cooperate with local governments in the develop-
ment of local historic preservation programs and assist
local governments in becoming certified pursuant to
chapter 3025 [of Title 54] [section 101(c) of this Act];
(I) consult with the appropriate Federal agencies in ac-
cordance with this [Act] on—
(i) Federal undertakings that may affect historic prop-
erty; and
(ii) the content and sufficiency of any plans devel-
oped to protect, manage, or reduce or mitigate harm
to that property; and
(J) advise and assist in the evaluation of proposals for
rehabilitation projects that may qualify for Federal
assistance.
(4) state.— Any State may carry out all or any part of its
responsibilities under this subsection of the act by con-
tract or cooperative agreement with a qualified nonprofit
organization or educational institution.
(5) appRoVal of pRogRaMs existing befoRe 1952.—
[Repealed as Obsolete]
(6) seCRetaRy.— in geneRal.—
(A) authoRity to assist seCRetaRy.— Subject to sub-
paragraphs (C) and (D), the Secretary may enter into
54 U.S.C. 302304(a)
Contracts and cooperative
agreements with nonprofit
organizations
54 U.SC. 302304(b)
Contracts and cooperative
agreements with State Historic
Preservation Officers to assist
Secretary
52 Federal Historic Preservation Laws
National Historic Preservation Act
contracts or cooperative agreements with a State His-
toric 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 archaeological
data bases.
(v) Evaluation of eligibility for Federal preservation
incentives.
authoRity to Maintain national RegisteR.— Nothing in
this paragraph 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.
(B) RequiReMents.— The Secretary may enter into a
contract or cooperative agreement under paragraph (A)
only if—
(i) the State Historic Preservation Officer has request-
ed the additional responsibility;
(ii) the Secretary has approved the State historic pres-
ervation program pursuant to sections 302301 and
302302 [of Title 54] [section 101(b)(1) and (2) of this
Act];
(iii) 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;
54 U.S.C. 302304(b)(1)(B)
Authority to maintain National
Register
National Historic Preservation Act 53
National Historic Preservation Act
(iv) the State Historic Preservation Officer agrees
to permit the Secretary to review and revise, as ap-
propriate in the discretion of the Secretary, decisions
made by the Officer pursuant to the contract or co-
operative agreement; and
(v) the Secretary and the State Historic Preservation
Officer agree on the terms of additional financial as-
sistance to the State, if there is to be any, for the costs
of carrying out that responsibility
(C) establish Conditions and CRiteRia.— For each
significant program area under the Secretary’s author-
ity, 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
these programs.
(D) pReseRVation pRogRaMs and aCtiVities not diMin-
ished.— Nothing in this subsection shall have the effect
of diminishing the preservation programs and activities
of Service.
(c)(1) Any State program approved under this [Act] shall
provide a mechanism for the certification by the State His-
toric Preservation Officer of local governments to carry out
the purposes of this title [Titlte 54] [Act] and provide for the
transfer, in accordance with section 302902(c)(4) [of Title
54] [section 103(c) of this Act], of a portion of the grants
received by the States under this [Act], to those local gov-
ernments.
appRoVed state pRogRaM.— Any local government shall be
certified to participate under this section if the applicable
State Historic Preservation Officer, and the Secretary certify
that the local government—
(A) enforces appropriate State or local legislation for
the designation and protection of historic property;
(B) has established an adequate and qualified historic
preservation review commission by State or local
legislation;
54 U.S.C. Chapter 3025 –Certifi
cation of local Governments
54 U.S.C. 302502
Certification as part of State
program
54 U.S.C. 302503
Certification criteria
54 Federal Historic Preservation Laws
National Historic Preservation Act
(C) maintains a system for the survey and inventory of
historic property that furthers the purposes of chapter
3023 [of Title 54] [section 101(b) of this Act];
(D) provides for adequate public participation in the
local historic preservation program, including the pro-
cess of recommending property for nomination to the
National Register; and
(E) satisfactorily performs the responsibilities delegated
to it under this [Act].
no appRoVed state pRogRaM.— Where there is no State pro-
gram approved under sections 302301 and 302302 [of Title
54] [section 101(b)(1) and (2) of this Act], a local government
may be certified by the Secretary if the Secretary deter-
mines 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 [Act].
(2)(A) notiCe.— Before a property within the jurisdic-
tion of a certified local government may be considered by
the 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 com-
mission.
RepoRt.— The local historic preservation commission,
after reasonable opportunity for public comment, shall
prepare a report as to whether the property, in the
Commission’s opinion, meets the criteria of the Na-
tional 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.
ReCoMMendation.—pRopeRty noMinated to national
RegisteR.— Except as provided in paragraph (B), after
receipt of the report and recommendation, or if no
such report and recommendation are received within
54 U.S.C. 302504
Participation of certified local
governments in National
Register nominations
National Historic Preservation Act 55
National Historic Preservation Act
60 days, the State shall make the nomination pursuant
to section 302104 [of Title 54] [section 101(a)(3) -(5) of
this Act]. The State may expedite the process with the
concurrence of the certified local government.
(B) pRopeRty not noMinated to the national RegisteR.—
If both the commission and the chief local elected of-
ficial 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 pro-
cedures for making a nomination pursuant to section
302104 [of Title 54] [section 101(a)(3) -(5) of this Act].
Any report and recommendations made under this sec-
tion shall be included with any nomination submitted
by the State to the Secretary.
(3) Any local government that is certified under this
subsection of this [Act] shall be eligible for funds under
section 302902 [of Title 54] [section 103 of this Act]; and
[any local government, see § 302901 of Title 54 or section
103(c) of the Act] that is certified, or making efforts to be-
come certified, under this chapter [of Title 54] shall carry
out any responsibilities delegated to it in accordance with
such terms and conditions as the Secretary considers nec-
essary or advisable.
(4) In this chapter [of Title 54] [section 103 of this Act]:
(A) designation.— The term “designation” means the
identification and registration of property for protec-
tion that meet criteria established by the State or local-
ity for significant historic property within the jurisdic-
tion of a local government
(B) pRoteCtion.— The term “protection” means protec-
tion by means of a local review process under State or lo-
cal law for proposed demolition of, changes to, or other
action that may affect historic property designated pur-
suant to this chapter [of Title 54] [section 103 of this Act].
54 U.S.C. 302505
Eligibility and responsibility of
certified local government
54 U.S.C. 302501
Definitions
56 Federal Historic Preservation Laws
National Historic Preservation Act
(d)(1)(A) establishMent of pRogRaM.— The Secretary shall
establish a program and promulgate regulations to assist In-
dian tribes in preserving their historic property.
(b) CoMMuniCation and CoopeRation.—The Secretary
shall foster communication and cooperation between
Indian tribes and State Historic Preservation Officers in
the administration of the national historic preservation
program to ensure that all types of historic property
and all public intersts in historic property are given
due consideration; and encourage coordination among
Indian tribes, State Historic Preservation Officers, and
Federal agencies in historic preservation planning and
in the identification, evaluation, protection, and inter-
pretation of historic property.
(C) tRibal Values.— The program under subparagraph
(A) [of the Act] [subsection 302101(a) of Title 54] shall
be developed in a manner as to ensure that tribal values
are taken into account to the extent feasible. The Secre-
tary may waive or modify requirements of this section
[of the Act] to conform to the cultural setting of tribal
heritage preservation goals and objectives.
(d) sCope of tRibal pRogRaMs.—The tribal programs
implemented by specific tribal organizations may vary
in scope, as determined by each Indian tribe’s chief
governing authority.
(E) Consultation.—The Secretary shall consult with
Indian tribes, other Federal agencies, State Historic
Preservations [sic] Officers, and other interested parties
concerning the program under subparagraph (A) [of
the Act].
(2) An Indian tribe may assume all or any part of the
functions of a State Historic Preservation Officer in ac-
cordance with sections 302302 and 302303 [of Title 54]
[section 101(b)(2) and (3) of this Act], with respect to tribal
land, as those responsibilities may be modified for tribal
programs through regulations issued by the Secretary if—
54 U.S.C. Chapter 3027— Tribal
Historic Preservation Program
54 U.S.C. 302701
Establish program and
regulations to assist Indian
tribes
54 U.S.C. 302702
Indian Tribes may assume State
Historic Preservation Officer
functions
National Historic Preservation Act 57
National Historic Preservation Act
(A) the Indian tribe’s chief governing authority so
requests;
(B) the Indian tribe designates a tribal preservation
official to administer the tribal historic preservation
program, through appointment by the tribe’s chief gov-
erning authority or as a tribal ordinance may otherwise
provide;
(C) the tribal preservation official provides the Secretary
with a plan describing how the functions the tribal pres-
ervation official proposes to assume will be carried out;
(D) the Secretary determines, after consultation with
the Indian tribe, the appropriate State Historic Pres-
ervation Officer, the Council (if the tribe proposes to
assume the functions of the State Historic Preservation
Officer with respect to review of undertakings under
section 306108 [of Title 54] [section 106 of this Act]),
and other Indian tribes, if any, whose tribal or aborigi-
nal lands may be affected by conduct of the tribal pres-
ervation program that—
(i) the tribal preservation program is fully capable of
carrying out the functions specified in the plan pro-
vided under paragraph (3) [of section 302702 of Title
54] [subparagraph 101(d)(2)(C) of the Act];
(ii) the plan defines the remaining responsibilities of
the Secretary and the State Historic Preservation Of-
ficer; and
(iii) the plan provides, with respect to properties nei-
ther 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 addi-
tion to the tribal preservation official, may exercise
the historic preservation responsibilities in accor-
dance with sections 302302 and 302303 [of Title 54]
[section 101(b)(2) and (3) of this Act]; and
58 Federal Historic Preservation Laws
National Historic Preservation Act
(E) based on satisfaction of the conditions stated in
paragraphs (A), (B), (C), and (D) [section 101(d)(2) of
the Act], the Secretary approves the plan.
(3) 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 Title 54] [section 103(a) of this Act] with respect
to tribal programs that assume responsibilities under sec-
tion 302702 [of Title 54] [section 101(d)(2) of this Act].
(4) At the request of an Indian tribe whose preserva-
tion program has been approved to assume functions
and responsibilities pursuant to section 302702 [of Title
54] [101(d)(2) of this Act], the Secretary shall enter into a
contract or cooperative agreement with the Indian tribe
permitting the assumption by the tribe of any part of the
responsibilities described in section 302304(b) [of Title
54] [section 101(b)(6) of this Act] on tribal land, if—
(A) the Secretary and the Indian tribe agree on addi-
tional financial assistance, if any, to the Indian tribe for
the costs of carrying out those authorities;
(B) the Secretary finds that the tribal historic preserva-
tion program has been demonstrated to be sufficient
to carry out the contract or cooperative agreement and
this [Act]; and
(C) 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—
(i) the Indian tribe’s traditional cultural authorities;
(ii) representatives of other Indian tribes whose tra-
ditional lands are under the jurisdiction of the Indian
tribe assuming responsibilities; and
(iii) the interested public.
54 U.S.C. 302703
Apportionment of Grant funds
54 U.S.C. 302704
Contracts and cooperative
agreements with Indian Tribes
National Historic Preservation Act 59
National Historic Preservation Act
(5) 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 Title
54] [section 106 of this Act], if the Council, after consulta-
tion with the Indian tribe and appropriate State Historic
Preservation Officers, determines that the tribal preserva-
tion regulations will afford historic property consideration
equivalent to that afforded by the Council’s regulations.
(6)(A) in geneRal.— Property of traditional religious and
cultural importance to an Indian tribe or Native Hawaiian
organization may be determined to be eligible for inclu-
sion on the National Register.
(B) Consultation.— In carrying out its responsibilities
under section 306108 [of Title 54] [section 106 of this
Act], a Federal agency shall consult with any Indian
tribe or Native Hawaiian organization that attaches reli-
gious and cultural significance to property described in
[subsection 302706 of Title 54] [subparagraph 101(d)(c)
(A) of the Act] (a).
(C) haWaii.—In carrying out responsibilities under sec-
tion 302303 [of Title 54] [section 101(b)(3) of this Act],
the State Historic Preservation Officer for Hawaii shall—
(i) consult with Native Hawaiian organizations in as-
sessing the cultural significance of any property in
determining whether to nominate the property to the
National Register;
(ii) consult with Native Hawaiian organizations in
developing the cultural component of a preservation
program or plan for the property; and
(iii) 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.
54 U.S.C. 302705
Advisory council agreement
for review under tribal historic
preservation regulations
54 U.S.C. 302706
Traditional religious and cultur
al properties may be eligible for
listing in the National Register
60 Federal Historic Preservation Laws
National Historic Preservation Act
(e)(1) in geneRal.—The Secretary shall administer a pro-
gram of matching grants to the States for the purposes of
carrying out this [Act] [division of Title 54].
(2) seCRetaRy of the inteRioR.— The Secretary may ad-
minister grants to the National Trust consistent with the
purposes of its charter and this [division of Title 54] [Act].
(3)(A) adMinistRation of pRogRaM.— The Secretary shall
administer a program of direct grants for the preservation
of properties included on the National Register.
aVailable aMount.— Funds to support the program an-
nually shall not exceed 10 percent of the amount appro-
priated annually for the Historic Preservation Fund.
uses of gRants.— in geneRal.— Grants under this sec-
tion may be made by the Secretary, in consultation with
the appropriate State Historic Preservation Officer—
(i) for the preservation of National Historic Land-
marks that are threatened with demolition or im-
pairment; and historic property of World Heritage
significance,
(ii) for demonstration projects which will provide
information concerning professional methods and
techniques having application to historic property,
(iii) for the training and development of skilled labor
in trades and crafts, and in analysis and curation, re-
lating to historic preservation, and
(iv) to assist persons or small businesses within any
historic district included on the National Register to
remain within the district.
(B) The Secretary may, in consultation with the appro-
priate State Historic Preservation Officer, make grants
or loans or both under this [section of the Act] to In-
dian tribes and to nonprofit organizations representing
ethnic or minority groups for the preservation of their
cultural heritage.
54 U.S.C. Chapter 3029 – Grants
*54 U.S.C. 302902(a)
Grants to States
*54 U.S.C. 302903(a)
Grants to the National Trust
*54 U.S.C. 302904(a)
Direct Grants for National Regis
ter property
54 U.S.C. 302904(b)
Available Amount
54 U.S.C. 302904(c)(1)
Uses of Grants
54 U.S.C. 302906
Grants or loans to Indian tribes
and nonprofit ethnic or minor
ity organizations for preserving
cultural heritage
National Historic Preservation Act 61
National Historic Preservation Act
(C) liMit on CeRtain gRants.— A grant may be made
under subparagraph (i) or (iv) of paragraph (A) [of this
Act] only to the extent that the project cannot be car-
ried out in as effective a manner through the use of an
insured loan under section 303901 [of Title 54] [section
104 of this Act].
(4) in geneRal.—Grants may be made under this chapter
[of Title 54] [section 104 of this Act] for the preservation,
stabilization, restoration, or rehabilitation of religious
property listed on the National Register if the purpose of
the grant is secular, does not promote religion, and seeks
to protect qualities that are historically significant.
effeCt of seCtion.— Nothing in this paragraph shall be
construed to authorize the use of any funds made avail-
able under this [subsection of the Act] for the acquisition
of any property listed on the National Register.
(5) The Secretary shall administer a program of direct
grants to Indian tribes and Native Hawaiian organizations
for the purpose of carrying out this [subsection of the
Act] as it pertains to Indian tribes and Native Hawaiian
organizations. Matching fund requirements may be modi-
fied. 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 organization’s con-
ducting its responsibilities pursuant to this [section of the
Act] [subdivision of Title 54].
(6)(A) in geneRal.—As a part of the program of matching
grant assistance from the Historic Preservation Fund to
States, the Secretary shall administer a program of direct
grants to the Federated States of Micronesia, the Repub-
lic 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 Reso-
lution entitled “Joint Resolution to approve the ‘Com-
*54 U.S.C. 302904(c)(2)
Limitation on grants
54 U.S.C. 302905
Grants for religious properties
54 U.S.C 302907
Direct grants to Indian tribes
and Native Hawaiian organiza
tions
54 U.S.C. 302908
Direct Grants to the Federated
States of Micronesia, Marshall
Islands, and Palau
62 Federal Historic Preservation Laws
National Historic Preservation Act
pact of Free Association’ between the United States and
[the] Government of Palau, and for other purposes” (48
U.S.C.1931 et seq.).
[Mention of the Trust Territory of the Pacific Islands is omitted as
obsolete, see note at 48 U.S.C. prec. 1681]
goal of pRogRaM.—The goal of the program shall be to
establish historic and cultural 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.
WaiVeRs and ModifiCations.— The Secretary may waive
or modify the requirements of this [section of the Act]
[subdivision of Title 54] to conform to the cultural setting
of those nations. Matching funds may be waived or modi-
fied.
(B) basis of alloCating aMounts.— The amounts to be
made available under this subsection [of Title 54] [para-
graph of the Act] shall be allocated by the Secretary on
the basis of needs as determined by the Secretary.
(f) No part of any grant made under this [subsection of the
Act] may be used to compensate any person intervening in
any proceeding under this [Act].
(g) guidelines foR fedeRal agenCy Responsibility foR
agenCy.— oWned histoRiC pRopeRty.—In consultation with
the Council, the Secretary shall promulgate guidelines for
Federal agency responsibilities under [subchapter 306101 of
Title 54] [section 110 of this Act].
(h) pRofessional standaRds foR pReseRVation of fedeRally
oWned oR ContRolled histoRiC pRopeRty.— The Secretary
shall establish, in consultation with the Secretary of Agricul-
ture, the Secretary of Defense, the Smithsonian Institution,
and the Administrator of General Services, professional
standards for the preservation of historic properties in Fed-
eral ownership or control.
(i) The Secretary shall develop and make available to Fed-
eral agencies, State and local governments, private organiza-
54 U.S.C. 302909
Prohibition on compensating
interveners
*54 U.S.C. 306101(b)
Guidelines for federal agency
responsibilities
*54 U.S.C. 306101(c)
Preservation standards for
federally owned or controlled
properties
54 U.S.C. 303902
Technical advice, training, and
educational materials
National Historic Preservation Act 63
National Historic Preservation Act
tions and individuals, and other nations and international
organizations pursuant to the World Heritage Convention,
training in, and information concerning, professional meth-
ods and techniques for the preservation of historic prop-
erty 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 con-
cerning historic preservation to the general public including
students.
(j)(1) The Secretary, in consultation with the Council and
other appropriate Federal, tribal, Native Hawaiian, and non-
Federal organizations, shall develop and implement a com-
prehensive preservation education and training program.
(2) The program shall include—
(A) standards and increased preservation training op-
portunities for Federal workers involved in preserva-
tion-related functions;
(B) preservation training opportunities for other Federal,
State, tribal and local government workers, and students;
(C) technical or financial assistance, or both, to histori-
cally black colleges and universities, to tribal colleges,
and to colleges with a high enrollment of Native Ameri-
cans or Native Hawaiians, to establish preservation
training and degree programs; and
(D) where appropriate, coordination with the National
Center for Preservation Technology and Training of—
(i) distribution of information on preservation
technologies;
(ii) provision of training and skill development in
trades, crafts, and disciplines related to historic pres-
ervation in Federal training and development pro-
grams; and
(iii) support for research, analysis, conservation,
curation, interpretation, and display related to
preservation.
54 U.S.C. 303903
Comprehensive preservation
education and training program
64 Federal Historic Preservation Laws
National Historic Preservation Act
Section 102
(a) in geneRal.—No grant may be made under this division
[of Title 54] [section of the Act]—
(1) unless application for the grant is submitted to the
Secretary in accordance with regulations and procedures
prescribed by the Secretary;
(2) unless the application is in accordance with the com-
prehensive statewide historic preservation plan that has
been approved by the Secretary after considering its rela-
tionship to the comprehensive statewide outdoor recre-
ation plan prepared pursuant to chapter 2003 [of Title 54]
[The Land and Water Conservation Fund Act (54 U.S.C.
2003 et. seq.)].
(3) for more than 60 percent of the aggregate costs of car-
rying out projects and programs under the administrative
control of the State Historic Preservation Officer as speci-
fied in section 302303 [of Title 54] [section 101(b)(3) of this
Act] in any one fiscal year;
(4) unless the grantee has agreed to make such reports, in
such form and containing such information as the Secre-
tary may from time to time require;
(5) unless the grantee has agreed to assume, after comple-
tion of the project, the total cost of the continued main-
tenance, repair, and administration of the property in a
manner satisfactory to the Secretary; or
(6) until the grantee has complied with such further terms
and conditions as the Secretary may deem necessary or
advisable.
souRCe of state shaRe of Costs.— Except as permitted by
other law, the State share of the costs referred to in sub-
paragraph (A) [of Title 54] [paragraph 102(a)(6) of the Act]
shall be contributed by non-Federal sources.
gRant not tReated as taxable inCoMe.— No grant made
pursuant to this division [of Title 54] [Act] shall be treated
*54 U.S.C. 302901(a)
Grant requirements
*54 U.S.C. 302902(b)(1)(A)
Grant requirements for states
(cont.)
*54 U.S.C. 302902(b)(3)(A)
Limit on matching
*54 U.S.C. 302902(b)(1)(B)
Grant requirements (cont.)
*54 U.S.C. 302902(b)(1)(C)
Grant requirements (cont.)
*54 U.S.C. 302902(b)(1)(D)
Grant requirements (cont.)
*54 U.S.C. 302902(b)(3)(B)
State share to be contributed by
nonfederal sources
*54 U.S.C. 302901(b)
Grant not treated as taxable
income
National Historic Preservation Act 65
National Historic Preservation Act
as taxable income for purposes of the Internal Revenue
Code of 1986 [26 U.S.C. 1 et. seq.].
(b) WaiVeR.— The Secretary may waive the requirements of
[subsection(a) paragraphs (2) and (5) of this section for any
grant under this Act] [subparagraphs (A) and (C) of para-
graph (1) of the Title] to the National Trust.
(c) RestRiCtion on use of Real pRopeRty to Meet non-
fedeRal shaRe of Cost of pRojeCt.— No State shall be per-
mitted to utilize the value of real property obtained before
October 15, 1966 [the date of original approval of this Act]
in meeting the non-Federal share of the cost of a project for
which a grant is made under this division [of Title 54] [sec-
tion 102 of the Act].
(d) aVailability.— The Secretary shall make funding avail-
able to individual States and the National Trust as soon as
practicable after execution of a grant agreement. For pur-
poses 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.
(e) adMinistRatiVe Costs.—The total direct and indirect
administrative costs charged for carrying out State projects
and programs may not exceed 25 percent of the aggregate
costs (except in the case of a grant to the Federate States
of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau).
Section 103
(a) appoRtionMent of gRant aMounts.— bases foR appoR-
tionMent.—The amounts appropriated and made available
for grants to the States for the purposes of this division [of
Title 54] [of the Act] 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 [of Title
54] [Act] for each fiscal year shall be apportioned among the
States as the Secretary determines to be appropriate.
*54 U.S.C. 302902(b)(2)
Waiver for the National Trust
*54 U.S.C 302902(b)(4)
State limitation on matching
54 U.S.C. 302901(c)
Availability of funds
*54 U.S.C. 302902(d)
Administrative costs
*54 U.S.C. 302902(c)
Apportionment of grant funds
Basis for apportionment
66 Federal Historic Preservation Laws
National Historic Preservation Act
notifiCation.— The Secretary shall notify each State of its
apportionment under this section [of the Act] [paragraph
(1)(B) of this chapter of Title 54] within 30 days following
the date of enactment of legislation appropriating funds un-
der this division [of Title 54] [Act].
ReappoRtionMent.—Any amount of any apportionment that
has not been paid or 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) [of this
chapter of Title 54] [this section of the Act]. The Secretary
shall analyze and revise as necessary the method of appor-
tionment. The method and any revision shall be published
by the Secretary in the Federal Register.
(c) tRansfeR of funds to CeRtified loCal goVeRnMents.—
Not less than 10 percent of the annual apportionment
distributed by the Secretary to each State for the purposes
of carrying out this division [of Title 54] [Act] shall be trans-
ferred by the State, pursuant to the requirements of this di-
vision [of Title 54] [Act], to certified local governments for
historic preservation projects or programs of the certified
governments. In any year in which the total annual appor-
tionment to the States exceeds $65,000,000, 50 percent of
the excess shall also be transferred by the States to certified
local governments.
(d) The Secretary shall establish guidelines for the use and
distribution of funds under paragraph (4) [of this subsec-
tion of Title 54] [paragraph (c) of this section of the Act] to
ensure that no certified local government receives a dispro-
portionate share of the funds available, and may include a
maximum or minimum limitation on the amount of 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) [of this subsection of Title 54] [paragraph (c)
of this section of the Act], nor shall the Secretary require
any State to exceed the 10 percent minimum distribution to
certified local governments.
54 U.S.C. 302902(c)(4)
Guidelines for Certified Local
Government passthrough
grants
National Historic Preservation Act 67
National Historic Preservation Act
Section 104
(a) establishMent.—The Secretary shall establish and main-
tain a program by which the 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) loan qualifiCations.—A loan may be insured under this
section if—
(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 His-
toric Preservation Officer concerning the preservation of
the historic property;
(4) the Secretary has determined that the loan is ad-
equately 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
(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.
Consultation.—The Secretary shall consult with the Sec-
retary of the Treasury regarding the interest rate of loans
insured under this section.
54 U.S.C. 303901
Insured loans for National
Register property
68 Federal Historic Preservation Laws
National Historic Preservation Act
(c) liMitation on aMount of unpaid pRinCipal balanCe of
loans.—The 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.
(d) insuRanCe ContRaCts.— Any contract of insurance exe-
cuted by the Secretary under 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.
(e) Conditions and Methods of payMent as Result of
loss.—The Secretary 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 in-
curred by the lender on any loan insured under this section.
(f) pRoteCtion of finanCial inteRests of fedeRal goV-
eRnMent.— In entering 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 prop-
erty 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).
(g) ConVeyanCe to goVeRnMental oR nongoVeRnMental
entity of pRopeRty aCquiRed by foReClosuRe.—
(1) atteMpt to ConVey to ensuRe pRopeRty’s pReseRVa-
tion and use.—In 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; except
that if, after a reasonable time, the Secretary, in consulta-
National Historic Preservation Act 69
National Historic Preservation Act
tion with the Council, determines that there is no feasible
and prudent means to convey such property and to en-
sure 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) disposition of funds.— Any funds obtained by the
Secretary in connection with the conveyance of any his-
toric property pursuant to paragraph (1) shall be depos-
ited in the Historic Preservation Fund and shall remain
available in the Historic Preservation Fund until appro-
priated by Congress to carry out the purposes of this divi-
sion [of Title 54] [Act].
(h) assessMent of fees in ConneCtion With insuRing
loans.— The Secretary may assess appropriate and rea-
sonable fees in connection with insuring loans under this
section. The fees shall be deposited in the Historic Preser-
vation Fund and shall remain available in the Historic Pres-
ervation Fund until appropriated by Congress to carry out
the purposes of this division [of Title 54] [Act].
(i) tReatMent of loans as non-fedeRal funds.— Not-
withstanding any other 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 upon 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 CoM-
MitMent to puRChase by, oR sale oR issuanCe to, fedeRal
finanCing bank.— No debt obligation that is made or com-
mitted 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.
Section 105
A recipient of assistance under this division [of Title 54]
[Act] shall keep—
54 U.S.C. 302910
Recordkeeping by Grantees
70 Federal Historic Preservation Laws
National Historic Preservation Act
(1) such records as the Secretary shall prescribe, including
records which fully disclose—
(A) the disposition by the recipient of the proceeds of
such assistance;
(B) the total cost of the project or undertaking in con-
nection 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.
Section 106
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 de-
partment 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 is-
suance 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 Act a reasonable op-
portunity to comment with regard to the undertaking.
Section 107
Nothing in this division [of Title 54] [Act] 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.
Section 108
To carry out this division [of Title 54] (except chapters 3041
and 3121) [Act], there is established in the Treasury the His-
toric Preservation Fund.
For each of the fiscal years 2012 to 2023, $150,000,000 shall
be deposited in the Historic Preservation Fund from rev-
enues due and payable to the United States under section 9
the Outer Continental Shelf Lands Act (43 U.S.C. 1338), sec-
tion 7433(b) of Title 10, or both, notwithstanding any provi-
54 U.S.C. 306108
Comment on effect of federal
agency undertakings on historic
property
54 U.S.C. 307104
Exemption of White House,
Supreme Court, and Capitol
54 U.S.C. Chapter 3031
Historic Preservation Fund
54 U.S.C. 303101
Establishment
54 U.S.C. 303102
Funding
National Historic Preservation Act 71
National Historic Preservation Act
sion of law that those proceeds shall be credited to miscel-
laneous receipts of the Treasury.
Amounts in the Historic Preservation Fund shall be used
only to carry out this division [of Title 54] [Act] and shall be
available for expenditure only when appropriated by Con-
gress. Any amount not appropriated shall remain available
in the Historic Preservation Fund until appropriated for
those purposes. Appropriations made pursuant to this sec-
tion may be made without fiscal year limitation.
Section 109
(a) pRojeCts foR WhiCh funds May be used.—In further-
ance of the purposes of this division [of Title 54] [Act], 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, so long as the project is owned by a State,
any local government, or any nonprofit entity.
(b) ConsideRation of faCtoRs RespeCting expendituRe of
funds.—in geneRal.— In expending the funds, the Secre-
tary shall give due consideration to the national significance
of the project; its historical value to the community; the im-
minence of its destruction or loss; and the expressed inten-
tions of the donor.
funds aVailable Without RegaRd to MatChing RequiRe-
Ments.—Funds expended under this subsection shall be
made available without regard to the matching requirements
established by sections 302901 and 302902(b) [of Title 54]
[section 102 of this Act], but the recipient of the funds shall
be permitted to utilize them to match any grants from the
Historic Preservation Fund.
(c) tRansfeR of unobligated funds.— The Secretary may
transfer unobligated funds previously donated to the Secre-
tary for purposes of the Service, with the consent of the do-
nor, and any funds so transferred shall be used or expended
in accordance with the provisions of this division [of Title
54] [Act].
54 U.S.C. 303103
Use and Availability
54 U.S.C. 307108
Privately donated funds
72 Federal Historic Preservation Laws
National Historic Preservation Act
Section 110
(a)(1) in geneRal.—
agenCy head Responsibility.—The head of each Federal
agency shall assume responsibility for the preservation of
historic property that is owned or controlled by the agency.
use of aVailable histoRiC pRopeRty.— Prior to acquiring,
constructing, or leasing a building for purposes of carry-
ing out agency responsibilities, a Federal agency shall use,
to the maximum extent feasible, historic property avail-
able to the agency in accordance with Executive Order
No. 13006 (40 U.S.C. 3306 note).
neCessaRy pReseRVation.— Each Federal agency shall
undertake, consistent with the preservation of historic
property, the mission of the agency, and the professional
standards established pursuant to subsection (c) [section
101(g) of this Act], any preservation, as may be necessary
to carry out this chapter [of Title 54] [Act].
(2) establishMent.— Each Federal agency shall establish
(except for programs or undertakings exempted pursuant
to section 304108(c) [of title 54] [section 214 of this Act]),
in consultation with the Secretary, a preservation program
for the identification, evaluation, and nomination to the
National Register, and protection, of historic property.
RequiReMents.—The program shall ensure that—
(A) historic property under the jurisdiction or control
of the agency is identified, evaluated, and nominated to
the National Register;
(B) historic property under the jurisdiction or control
of the agency is managed and maintained in a way that
considers the preservation of their historic, archaeo-
logical, architectural, and cultural values in compliance
with section 306108 [of Title 54] [section 106 of this Act]
and gives special consideration to the preservation of
those values in the case of property designated as hav-
ing national significance;
54 U.S.C. 3061
Chapter 3061 Subchapter I– Fed
eral agency historic preservation
programs
*54 U.S.C. 306101(a)
Federal agencies’ responsibil
ity to preserve and use historic
properties
54 U.S.C. 306102
Each Federal agency to establish
a preservation program
National Historic Preservation Act 73
National Historic Preservation Act
(C) the preservation of property not under the ju-
risdiction or control of the agency but potentially af-
fected by agency actions is given full consideration in
planning;
(D) the agency’s preservation-related activities are car-
ried out in consultation with other Federal, State, and
local agencies, Indian tribes, Native Hawaiian organiza-
tions carrying out historic preservation planning activi-
ties, and the private sector; and
(E) that the agency’s procedures for compliance with
section 306108 [of Title 54] [section 106 of this Act]—
(i) are consistent with regulations promulgated by
the Council pursuant to section 304108(a) and (b) [of
Title 54] [section 211 of this Act];
(ii) provide a process for the identification and evalu-
ation of historic property for listing on the National
Register and the development and implementation of
agreements, in consultation with State Historic Preser-
vation Officers, local governments, Indian tribes, Na-
tive Hawaiian organizations, and the interested public,
as appropriate, regarding the means by which adverse
effects on historic property will be considered; and
(iii) 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)).
(b) Each Federal agency shall initiate measures to ensure
that where, as a result of Federal action or 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 appropri-
ate records; and
(2) the records are deposited, in accordance with section
302107 of this title [Title 54] [section 101(a) of this Act], in
54 U.S.C. 306103
Recordation of historic proper
ties prior to alteration or de
molition
74 Federal Historic Preservation Laws
National Historic Preservation Act
the Library of Congress or with such other appropriate
agency as may be designated by the Secretary, for future
use and reference.
(c) The head of each Federal agency (except an agency that
is exempted under 304108(c) of this title [Title 54] [section
214 of this Act]), shall designate a qualified official to be
known as the agency’s Preservation Officer who shall be
responsible for coordinating that agency’s activities under
this division [of Title 54] [Act]. 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 [Title 54] [section 101(h)
of this Act].
(d) Consistent with the agency’s mission and mandates,
each Federal agency shall carry out agency programs and
projects (including those under which any Federal assis-
tance is provided or any Federal license, permit, or other
approval is required) in accordance with the purposes of
this division [of Title 54] [Act] and, give consideration to
programs and projects that will further the purposes of this
division [of Title 54] [Act].
(e) 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 sig-
nificant values will be preserved or enhanced.
(f) 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.
(g) A Federal agency may include the costs of preservation
activities of the agency under this division [of Title 54] [Act]
as eligible project costs in all undertakings of the agency or
54 U.S.C. 306104
Federal Agency Preservation
Officers
54 U.S.C. 306105
Conduct of agency programs
consistent with Act
54 U.S.C. 306106
Transfer of surplus Federal his
toric properties
54 U.S.C. 306107
Federal undertakings affecting
National Historic Landmarks
54 U.S.C. 306109
Preservation activities as eligible
project costs
National Historic Preservation Act 75
National Historic Preservation Act
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 [of Title 54] [Act], and reasonable
costs may be charged to Federal licensees and permittees as
a condition to the issuance of the license or permit.
(h) The Secretary shall establish an annual preservation
awards program under which the Secretary may make mon-
etary awards in amounts not to exceed $1,000 and provide
citations for special achievement to officers and employees
of Federal, State, and certified local governments in recog-
nition 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 Unit-
ed States recommended for the award by the Secretary.
(i) Nothing in this division [of Title 54] [Act] shall be con-
strued to—
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.) [relevant excerpts found else-
where in this text]; or
provide any exemption from any requirement respecting
the preparation of an environmental impact statement
under that Act.
(j) The Secretary shall promulgate regulations under which
the requirements of this subchapter [of Title 54] [section of
the Act] (except section 306108 [of Title 54] [section 106 of
this Act]) may be waived in whole or in part in the event of
a major natural disaster or an imminent threat to national
security.
(k) 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 re-
quirements of section 306108 [of Title 54] [section 106 of
this Act], has intentionally significantly adversely affected a
historic property to which the grant would relate, or having
54 U.S.C. 306110
Preservation awards program
54 U.S.C. 306111
Environmental impact
statement
54 U.S.C. 306112
Disaster waivers
54 U.S.C 306113
Anticipatory demolition
76 Federal Historic Preservation Laws
National Historic Preservation Act
legal power to prevent it, allowed the significant adverse ef-
fect 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.
(l) With respect to any undertaking subject to section
306108 of this title [Title 54] [section 106 of this Act] that
adversely affects any historic property for which a Federal
agency has not entered into an agreement pursuant to regu-
lations issued by the Council, the head of the agency shall
document any decision made pursuant to section 306108
of this title [Title 54] [section 106 of this Act]. 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 ex-
ecuted with respect to an undertaking, the agreement shall
govern the undertaking and all of its parts.
Section 111
(a) authoRity to lease oR exChange.— Notwithstanding
any other provision of law, each Federal agency after con-
sultation with the Council shall, to the extent practicable,
establish and implement alternatives, including adaptive
use for historic property that are not needed for current or
projected agency purposes; and may lease historic property
owned by the agency to any person or organization, or ex-
change 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) pRoCeeds of lease.—Not withstanding any other provi-
sions of law, the proceeds of a lease under subsection (a) [of
Title 54] [of the Act] 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
54 U.S.C. 306114
Documentation of Federal
agency decisions respecting
undertakings
54 U.S.C. 306121
Lease or exchange of federal
historic property
National Historic Preservation Act 77
National Historic Preservation Act
of the 2d fiscal year following the fiscal year in which the pro-
ceeds were received.
(c)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 consid-
ers necessary or appropriate to protect the interests of the
United States and ensure adequate preservation of the his-
toric property.
Section 112
(a) standaRds.—in geneRal.— Each Federal agency that is
responsible for the protection of historic property, (includ-
ing archaeological property) pursuant to this division [of
Title 54] [Act] or any other law shall ensure that—
(1)(A) all actions taken by employees or contractors of the
agency meet professional standards under regulations de-
veloped by the Secretary in consultation with the Council,
other affected agencies, and the appropriate professional
societies of archaeology, architecture, conservation, his-
tory, landscape architecture, and planning;
(B) agency personnel or contractors responsible for
historic property shall meet qualification standards es-
tablished by the Office of Personnel Management in con-
sultation with the Secretary and appropriate professional
societies of archeology, architecture, conservation, cura-
tion, history, landscape architecture, and planning;
ConsideRations.— The standards referred to in this sec-
tion [of Title 54] [paragraph (1)(B) of the Act] shall con-
sider the particular skills and expertise needed for the
preservation of historic property and shall be equivalent
requirements for the disciplines involved
ReVision.— The Office of Personnel Management shall re-
vise qualification standards for the disciplines involved.
54 U.S.C. 306122
Management contracts
54 U.S.C. 306131
Professional standards
*54 U.S.C. 306131(a)(1)(A)(B)
Federal agency actions must
meet regulations by Secretary
*54 U.S.C. 306131(a)(2)
Consideration of particular skill
and expertise
*54 U.S.C. 306131(a)(3)
Revision of standards
78 Federal Historic Preservation Laws
National Historic Preservation Act
(2) Records and other data, including data produced by
historical research and archeological surveys and excava-
tions, are permanently maintained in appropriate data-
bases and made available to potential users pursuant to
such regulations as the Secretary shall promulgate.
(b) guidelines.— To promote the preservation of historic
property eligible for listing on the 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 [of Title 54]
[Act] include plans to—
(1) provide information to the owners of historic property
(including architectural, curatorial, and archeological
property) with demonstrated or likely research signifi-
cance, about the need for protection of the historic prop-
erty, 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 im-
portance to Indian tribes, Native Hawaiians, or other Na-
tive American groups; and
(4) encourage owners that are undertaking archeological
excavations to—
(A) conduct excavations and analyses that meet stan-
dards 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
*54 U.S.C. 306131(a)(1)(C)
Maintaining permanent data
bases
*54 U.S.C. 306131(b)
Guidelines to owners, encourag
ing protection of Native Ameri
can cultural items
National Historic Preservation Act 79
National Historic Preservation Act
(D) prior to excavating or disposing of a Native Ameri-
can 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.
Section 113
[Repealed as Obsolete – Authorized study on illegal trafficking in
antiques which commenced in 1992]
Title II, Advisory Council on Historic
Preservation
Section 201
(a) establishMent.—There is established as an independent
agency of the United States Government an Advisory Coun-
cil 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 pres-
ervation, 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.
54 U.S.C. Chapter 3041—
Advisory Council on Historic
Preservation
54 U.S.C. 304101
Establishment and composition
of council; procedures
80 Federal Historic Preservation Laws
National Historic Preservation Act
(10) Four experts in the field of historic preservation ap-
pointed by the President from architecture, history, ar-
cheology, 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) designation of substitutes.— Each member of the
Council specified in paragraphs (2) to (5) and (7) through
(9) of subsection (a) may designate to 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) teRM of offiCe.— Each member of the Council appoint-
ed under paragraphs (10) through (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 un-
der 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 two terms. An appointed member whose
term has expired shall serve until that member’s successor
has been appointed.
(d) VaCanCies.—A vacancy in the Council shall not affect its
powers, but shall be filled, not later than 60 days after the
vacancy commences, in the same manner as the original ap-
pointment (and for the balance of the unexpired term).
(e) ChaiRMan.— (1) After January 20, 2017, the Chairman
shall—
(A) be appointed by the President, by and with the ad-
vice and consent of the Senate;
National Historic Preservation Act 81
National Historic Preservation Act
(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 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 Presi-
dential election. The first Chairman appointed after the
date of enactment of this paragraph [December 16, 2016]
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 Chair-
man in accordance with paragraph (1) of this subsection
[of Title 54] [section 201 of the Act] shall receive $100 per
diem when engaged in the performance of the duties of
the Council, and shall receive reimbursement for neces-
sary traveling and subsistence expenses incurred by them
in the performance of the duties of the Council.
(f) designation of a ViCe ChaiRMan.— The President shall
designate a Vice Chairman, from the members appointed
under paragraphs (5), (6), (10), or (11) of subsection (a) [of
Title 54] [section 201 of the Act]. 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) quoRuM.— Thirteen members of the Council shall con-
stitute a quorum.
Section 202
(a) duties.— The Council shall—
(1) advise the President and the Congress on matters re-
lating to historic preservation, recommend measures to
54 U.S.C. 304102
Functions and Duties of the
Council
82 Federal Historic Preservation Laws
National Historic Preservation Act
coordinate activities of Federal, State, and local agencies
and private institutions and individuals relating to historic
preservation, and advise on the dissemination of informa-
tion pertaining to those activities;
(2) encourage, in cooperation with the National Trust and
appropriate private agencies, public interest and partici-
pation in historic preservation;
(3) recommend the conduct of studies in such areas as
the adequacy of legislative and administrative statutes and
regulations pertaining to historic preservation activities of
State and local governments; and the effects of tax poli-
cies 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 his-
toric 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 [of Title 54] [Act]; and
(7) inform and educate Federal agencies, State and local
governments, Indian tribes, other nations and interna-
tional organizations and private groups and individuals as
to the Council’s authorized activities.
(b) annual RepoRt.— The Council annually shall submit to
the President a comprehensive 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 ac-
tions 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 evalu-
National Historic Preservation Act 83
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ation of the effectiveness of the programs of Federal agen-
cies, State and local governments, and the private sector in
carrying out this division [of Title 54] [Act].
Section 203
The Council may secure directly from any Federal agency
information, suggestions, estimates, and statistics for the
purpose of this chapter [of Title 54] [Act]. Each Federal
agency may furnish information, suggestions, estimates, and
statistics to the extent permitted by law and within available
funds.
Section 204
The members of the Council specified in paragraphs (2),
(3), and (4) of section 304101(a) [of Title 54] [section 201 of
this Act] shall serve without additional compensation. The
Chairman of the Council shall be compensated as provided
in subsection (e) of section 304101 [of Title 54] [section 201
of this Act]. The other members of the Council shall receive
$100 per diem when engaged in the performance of the du-
ties of the Council. All members of the Council shall receive
reimbursement for necessary traveling and subsistence ex-
penses incurred by them in the performance of the duties
of the Council.
Section 205
(a) exeCutiVe diReCtoR.— There shall be an Executive Di-
rector of the Council who shall be appointed by the Chair-
man with the concurrence of the Council in the competitive
service at a rate within the General Schedule, in the com-
petitive service at a rate that may exceed the rate prescribed
for the highest rate established for grade 15 of the General
Schedule under 5332 of title 5 [United States Code], or in
the Senior Executive Service under section 3393 of title 5.
The Executive Director shall report directly to the Chair-
man and perform such functions and duties as the Chair-
man may prescribe.
(b) geneRal Counsel and appointMent of otheR
attoRneys.—
54 U.S.C. 304103
Council information from
agencies
54 U.S.C. 304104
Compensation of Council
members
*54 U.S.C. 304105(a)(g)
Council administration; director,
council, staff, etc.
84 Federal Historic Preservation Laws
National Historic Preservation Act
(1) geneRal Counsel. – The Council shall have a General
Counsel, who shall be appointed by the Executive Direc-
tor. The General Counsel shall report directly to the Ex-
ecutive Director and serve as the Council’s legal advisor.
(2) appointMent of otheR attoRneys.— The Executive
Director shall appoint such other 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 litiga-
tion concerning the Council in court; and
(D) perform such other legal duties and functions as
the Executive Director and the Council may direct.
(c) appointMent and CoMpensation of offiCeRs and eM-
ployees.— The Executive Director of the Council may ap-
point 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 [United States Code].
The Executive Director, with the concurrence of the Chair-
man, 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 of grade 15 of the
General Schedule under section 5332 of title 5 or in the Se-
nior Executive Service under section 3393 of title 5.
(d) appointMent and CoMpensation of additional peRson-
nel.— The Executive Director may appoint and fix the com-
pensation 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.
National Historic Preservation Act 85
National Historic Preservation Act
(e) expeRt and Consultant seRViCes.— The Executive Di-
rector may procure expert and consultant services in accor-
dance with section 3109 of title 5.
(f) finanCial and adMinistRatiVe seRViCes.—
(1) seRViCes to be pRoVided by seCRetaRy, agenCy, oR pRi-
Vate entity.— Financial and administrative services (in-
cluding 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 upon 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) fedeRal agenCy Regulations Relating to ColleCtion
apply.— When 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 such regula-
tions.
(g) funds, peRsonnel, faCilities, and seRViCes.—
(1) pRoVided by fedeRal agenCy.— Any Federal agency
may provide the Council, with or without reimburse-
ment as may be agreed upon 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 sub-
86 Federal Historic Preservation Laws
National Historic Preservation Act
section shall be obligated by the end of the fiscal year fol-
lowing the fiscal year in which the funds are received by
the Council.
(2) obtaining additional pRopeRty, faCilities, and seRViC-
es and ReCeiVing donations of Money.—To the extent of
available appropriations, the Council may obtain by pur-
chase, rental, donation, or otherwise additional property,
facilities, and services as may be needed to carry out its du-
ties and may receive donations of money for that purpose.
The Executive Director may accept, hold, use, expend, and
administer the property, facilities, services, and money for
the purposes of this division [of Title 54] [Act].
Section 206
(a) authoRization of paRtiCipation.—The participation of
the United States as a member of the International Centre
for the Study of the Preservation and Restoration of Cul-
tural Property is authorized.
(b) offiCial delegation.— The Council shall recommend to
the Secretary of State, after consultation with the Smithson-
ian 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 rec-
ommended to the Secretary by the Council.
Section 207
[Repealed 2014, ordered transfer of personnel to the Council by
11/28/1976]
Section 208
Rights, benefits, of pRiVileges of tRansfeRRed eMployees.—
Any 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)
[Repealed 2014] retains all rights, benefits, and privileges
54 U.S.C. 304106
International Centre for the
Study of the Preservation and
Restoration of Cultural Property
[Repealed]
Transfer of personnel, funds,
etc. to the Council
*54 U.S.C. 304105(h)
Rights of Council Employees
National Historic Preservation Act 87
National Historic Preservation Act
pertaining to the competitive service held prior to the
transfer.
Section 209
exeMption fRoM fedeRal adVisoRy CoMMittee aCt.—The
Council is exempt from the Federal Advisory Committee
Act (5 U.S.C. App.).
pRoVisions that goVeRn opeRations of CounCil.—Sub-
chapter II of chapter 5 and chapter 7 of title 5 [United States
Code] [the Administrative Procedure Act (80 Stat. 381)] shall
govern the operations of the Council.
Section 210
No officer or agency of the United States shall have any
authority to require the Council to submit its legislative rec-
ommendations, or testimony, or comments on legislation to
any officer or agency of the United States for approval, com-
ments, or review, prior to the submission of the recommen-
dations, testimony, or comments to the Congress. When the
Council voluntarily seeks to obtain the comments or review
of any officer or agency of the United States, the Council
shall include a description of the actions in its legislative
recommendations, testimony, or comments on legislation
that it transmits to Congress.
Section 211
in geneRal.—The Council may promulgate regulations as
it considers necessary to govern the implementation of sec-
tion 306108 of this title [Title 54] [section 106 of this Act] in
its entirety.
paRtiCipation by loCal goVeRnMents.—The Council shall
by regulation establish such procedures as may be neces-
sary to provide for participation by local governments in
proceedings and other actions taken by the Council with
respect to section 306108 of this title [Title 54] [section 106
of this Act] that affect the local governments.
*54 U.S.C. 304105(i), (j)
Council exemption from Federal
Advisory Committee Act
54 U.S.C. 304107
Council direct submission of
documents to the Congress
*54 U.S.C. 304108(a), (b)
Regulations for Section 106, lo
cal government participation
88 Federal Historic Preservation Laws
National Historic Preservation Act
Section 212
(a) tiMe and ManneR of subMission.— The Council shall
submit its budget annually as a related agency of the De-
partment of the Interior.
(b) tRansMittal of Copies to CongRessional CoMMittees.—
Whenever the 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 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.
Section 213
To assist the Council in discharging its responsibilities under
this division [of Title 54] [Act], the Secretary at the request
of the Chairman, shall provide a report to the Council de-
tailing 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.
Section 214
exeMption foR fedeRal pRogRaMs oR undeRtakings.—The
Council, with the concurrence of the Secretary, shall pro-
mulgate 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 pur-
poses of this division, taking into consideration the mag-
nitude of the exempted undertaking or program and the
likelihood of impairment of historic property.
Section 215
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 [of Title 54] [of this Act].
54 U.S.C. 304109
Budget Submission
54 U.S.C. 304110
Reports from Secretary at re
quest of Council
54 U.S.C. 304108(c)
Exemptions for Federal Pro
grams or Undertakings
54 U.S.C. 304111
Council reimbursement from
State and local agencies, etc.
National Historic Preservation Act 89
National Historic Preservation Act
Title III, General and Miscellaneous
Section 301
In this division [of Title 54] [Act], the term—
(1) “Agency” has the meaning given the term in section 551
of title 5 [United States Code].
(2) “State” means—
(A) a State, the District of Columbia, Puerto Rico,
Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands; and
(B) the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
(3) “local government” means a city, county, township,
municipality, or borough, or any other general purpose
political subdivision of any State.
(4) “Indian tribe” means an Indian tribe, band, nation, or
other organized group or community, including a Native
village, Regional Corporation or Village Corporation (as
those terms are defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), that is recognized
as eligible for the special programs and services provided
by the United States to Indians because of their status as
Indians.
(5) “historic property” means any prehistoric or historic
district, site, building, structure, or object included on, or
eligible for inclusion on the National Register, including
artifacts, records, and material remains related to the dis-
trict, site, building, structure, or object.
(6) “National Register” means the National Register of
Historic Places maintained under chapter 3021 of this title
[Title 54] [section 101 of this Act].
(7) “undertaking” means a project, activity, or program
funded in whole or in part under the direct or indirect
jurisdiction of a Federal agency, including—
54 U.S.C. Chapter 3003
Definitions
54 U.S.C. 300301
Agency
54 U.S.C. 300317
State
54 U.S.C. 300310
Local Government
54 U.S.C. 300309
Indian Tribe
54 U.S.C. 300308
Historic Property
54 U.S.C. 300311
National Register
54 U.S.C. 300320
Undertaking
90 Federal Historic Preservation Laws
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(A) those carried out by or on behalf of the Federal
agency;
(B) those carried out with Federal financial assistance;
(C) those requiring a Federal permit, license, or ap-
proval; and
(D) those subject to State or local regulation adminis-
tered pursuant to a delegation or approval by a Federal
agency.
(8) “preservation” or “historic preservation” includes—
(A) identification, evaluation, recordation, documenta-
tion, curation, acquisition, protection, management,
rehabilitation, restoration, stabilization, maintenance,
research, interpretation, and conservation;
(B) education and training regarding the foregoing ac-
tivities; or
(C) any combination of the foregoing activities.
(9) “cultural park” means a definable area that—
(A) is distinguished by historic property, prehistoric
property, and land related to that property; and
(B) constitutes an interpretive, educational, and recre-
ational resource for the public at large.
(10) “historic conservation district” means an area that
contains—
(A) historic property;
(B) buildings having similar or related architectural
characteristics;
(C) cultural cohesiveness; or
(D) any combination of the features described in para-
graphs (A) to (C) [in the Act] [paragraphs (1) to (3) in
Title 54].
54 U.S.C. 300315
Preservation
54 U.S.C. 303004
Cultural Park
54 U.S.C. 300305
Historic Conservation District
National Historic Preservation Act 91
National Historic Preservation Act
(11) “Secretary” means the Secretary [of the Interior] act-
ing through the Director [of the National Park Service].
(12) “State historic preservation review board” means a
board, council, commission, or other similar collegial
body established as provided in section 302301(2) of this
title [Title 54] [section 101(b)2) of this Act]—
(A) the members of which are appointed by the State
Historic Preservation Officer (unless otherwise pro-
vided for by State law);
(B) a majority of the members of which are profession-
als qualified in history, prehistoric and historic archae-
ology, architectural history, architecture, folklore, cul-
tural anthropology, curation, conservation, landscape
architecture, and related disciplines; and
(C) that has the authority to—
(i) review National Register nominations and appeals
from nominations;
(ii) review appropriate documentation submitted in
conjunction with the Historic Preservation Fund;
(iii) provide general advice and guidance to the State
Historic Preservation Officer; and
(iv) perform such other duties as may be appropriate.
(13) “historic preservation review commission” means
a board, council, commission, or other similar collegial
body that is established by State or local legislation as
provided in section 302503(a)(2) of this title [Title 54]
[section 101(c)1) of this Act]; and the members of which
are appointed by the chief elected official of a jurisdiction
(unless State or local law provides for appointment by
another official) from among—
(A) professionals in the disciplines of architecture, his-
tory, architectural history, planning, prehistoric and
historic archaeology, folklore, cultural anthropology,
curation, conservation, and landscape architecture, or
54 U.S.C. 300316
Secretary
54 U.S.C. 300318
State Historic Preservation Re
view Board
54 U.S.C. 300307
Historic Preservation Review
Commission
92 Federal Historic Preservation Laws
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related disciplines, to the extent those professionals are
available in the community; and
(B) other individuals who have demonstrated special
interest, experience, or knowledge in history, architec-
ture, or related disciplines and as will provide for an
adequate and qualified commission.
(14) “tribal land” means—
(A) all lands within the exterior boundaries of any In-
dian reservation; and
(B) all dependent Indian communities.
(15) “certified local government” means a local govern-
ment whose local historic preservation program is certi-
fied pursuant to chapter 3025 of this title [Title 54] [sec-
tion 101(c) of this Act].
(16) “Council” means the Advisory Council on Historic
Preservation established by section 304101 of thgis title
[Title 54] [section 201 of this Act].
(17) “Native Hawaiian” means any individual who is a
descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
constitutes Hawaii.
(18) in geneRal.— “Native Hawaiian organization” means
any organization that—
(A) serves and represents the interests of Native
Hawaiians;
(B) has as a primary and stated purpose the provision
of services to Native Hawaiians; and
(C) has demonstrated expertise in aspects of historic
preservation that are culturally significant to Native
Hawaiians.
inClusions.—The term includes the Office of Hawai-
ian Affairs of Hawaii and Hui Malama I Na Kupuna O
54 U.S.C. 300319
Tribal Lands
54 U.S.C. 300302
Certified Local Government
54 U.S.C. 300303
Council
54 U.S.C. 300313
Native Hawaiian
54 U.S.C. 300314
Native Hawaiian Organization
National Historic Preservation Act 93
National Historic Preservation Act
Hawai‘i Nei, an organization incorporated under the laws
of the State of Hawaii.
(19) “National Trust” means the National Trust for His-
toric Preservation in the United States established under
section 312102 [of Title 54].
(20) “Historic Preservation Fund” means the Historic
Preservation Fund established under section 303101 of
this title [Title 54] [section 108 of this Act].
“World Heritage Convention” means the Convention
concerning the Protection of the World Cultural and
Natural Heritage, done at Paris November 23, 1972 (27
UST 37).
Section 302
Where appropriate, each Federal agency may expend funds
appropriated for its authorized programs for the purposes
of activities carried out pursuant to this division [of Title
54] [Act], except to the extent appropriations legislation ex-
pressly provides otherwise.
Section 303
(a) Money and peRsonal pRopeRty.— The Secretary may
accept donations and bequests of money and personal
property for the purposes of this division [of Title 54] [Act]
and shall hold, use, expend, and administer the money and
personal property for these purposes.
(b) less than fee inteRest in histoRiC pRopeRty.— The
Secretary may accept gifts 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 [of Title 54] [Act] 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.
54 U.S.C. 300312
National Trust
54 U.S.C. 300306
Historic Preservation Fund
54 U.S.C. 300321
World Heritage Conventiono
54 U.S.C. 307106
Authorization for expenditure
of appropriated funds
54 U.S.C. 307107
Donations to the Secretary
94 Federal Historic Preservation Laws
National Historic Preservation Act
Section 304
(a) authoRity to Withhold fRoM disClosuRe.— The head
of a Federal agency, or other public official receiving grant
assistance pursuant to this division [of Title 54] [Act],
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) aCCess deteRMination.— When the head of a Federal
agency or other public official 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 [of
Title 54] [Act].
(c) Consultation With CounCil.— When the information
described in subsection (a) has been developed in the course
of an agency’s compliance with section 306107 or 306108 of
this title [Title 54] [section 110(f) and section 106 of this Act,
respectively], the Secretary shall consult with the Council in
reaching determinations under subsections (a) and (b).
Section 305
In any civil action brought in any United States district
court by any interested person to enforce this division [of
Title 54] [Act], if the person substantially prevails in such
action, the court may award attorneys’ fees, expert witness
fees, and other costs of participating in the civil action, as
the court deems reasonable.
Section 306
(a) To provide a national center to commemorate and en-
courage the building arts and to preserve and maintain a
54 U.S.C. 307103
Confidentiality of information
54 U.S.C. 307105
Attorneys’ Fees
54 U.S.C. Chapter 3055 – Nation
al Museum for the Building Arts
54 U.S.C. 305502
Establishment through
cooperative agreement
National Historic Preservation Act 95
National Historic Preservation Act
nationally significant building which 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 Washing-
ton, District of Columbia.
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, pub-
lications, 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 ap-
proaches to enhance understanding and appreciation of
all facets of the building arts;
(3) publicly display temporary and permanent exhibits il-
lustrating, interpreting and demonstrating the building arts;
(4) sponsor or conduct research and study into the his-
tory of the building arts and their role in shaping our
civilization; and
(5) encourage contributions to the building arts.
(b) The cooperative agreement section shall include provi-
sions 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 di-
vision [of Title 54] [Act].
54 U.S.C. 305503
Activities and functions
*54 U.S.C. 305502
Cooperative Agreement
provisions
96 Federal Historic Preservation Laws
National Historic Preservation Act
(c) The Secretary shall provide matching grants to the Com-
mittee 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 pro-
vided to the Committee in any one fiscal year.
(d) The Committee shall submit an annual report to the
Secretary and the Administrator of General Services con-
cerning its activities under this chapter [of Title 54] [section
of the Act] and shall provide the Secretary and the Admin-
istrator of General Services with such other information as
the Secretary may, consider necessary or advisable.
In this chapter [of Title 54] [section of the Act]:
(1) building aRts.— The term “building arts” includes
all practical and scholarly aspects of prehistoric, historic,
and contemporary architecture, archeology, construction,
building technology and skills, landscape architecture,
preservation and conservation, building and construc-
tion, engineering, urban and community design and re-
newal, city and regional planning, and related professions,
skills, trades, and crafts.
(2) CoMMittee.—The term “Committee” means the Com-
mittee for a National Museum of the Building Arts, Incor-
porated, a nonprofit corporation organized and existing
under the laws of the District of Columbia, or its successor.
Section 307
(a) publiCation in fedeRal RegisteR.— No final regulation
of the Secretary shall become effective prior to the expira-
tion of 30 calendar days after it is published in the Federal
Register during which either or both Houses of Congress
are in session.
(b) disappRoVal of Regulation by Resolution of
CongRess.— The regulation 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
54 U.S.C. 305504
Grants to Committee
54 U.S.C. 305505
Annual Report
54 U.S.C. 305501
Definition of “building arts”
and committee”
54 U.S.C. 307102
Regulations and Congress
National Historic Preservation Act 97
National Historic Preservation Act
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 therein being
appropriately filled.
(c) failuRe of CongRess to adopt Resolution of disap-
pRoVal of Regulation.—If at the end of 60 calendar days
of continuous session of Congress after the date of prom-
ulgation 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 resolu-
tion, the regulation may go into effect immediately. If, within
the 60 calendar days, a committee has reported or been dis-
charged 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 promulga-
tion unless disapproved as provided for.
(d) sessions of CongRess.— For the purposes of this
section—
(1) continuity of session is broken only by an adjournment
sine die; and
(2) the days on which either House is not in session be-
cause of an adjournment of more than 3 days to a day
certain are excluded in the computation of 60 and 90 cal-
endar days of continuous session of Congress.
(e) CongRessional inaCtion oR RejeCtion of Resolution of
disappRoVal not deeMed appRoVal of Regulation.— Con-
gressional inaction on or rejection of a resolution of disap-
proval shall not be deemed an expression of approval of the
regulation.
Section 308
(a) To provide a national historic light station program, the
Secretary shall—
54 U.S.C. Chapter 3051 – Historic
lighthouse preservation
54 U.S.C. 305102
National Historic Light Station
program
98 Federal Historic Preservation Laws
National Historic Preservation Act
(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 [of Title 54] [section of the Act] regarding the
conveyance of historic light stations.
(b)(1) pRoCess and poliCies.— The Secretary and the Admin-
istrator shall maintain a process and policies for identify-
ing, 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.
(2) appliCation ReVieW.— in geneRal.— the Secretary
shall—
(A) review all applications for the conveyance of a his-
toric light station, when the agency with administrative
jurisdiction over the historic light station has deter-
mined the property to be excess property (as that term
is defined in section 102 of title 40 [the Federal Property
Administrative Services Act of 1949], and
(B) forward to the Administrator a single approved ap-
plication for the conveyance of the historic light station.
Consultation.— When selecting an eligible entity, the Sec-
retary shall consult with the State Historic Preservation Of-
ficer of the State in which the historic light station is located.
(3)ConVeyanCe oR sale of histoRiC light stations.— (A)
ConVeyanCe by adMinistRatoR.— Except as provided in
paragraph (2) [of Title 54] [subparagraph (B) of this section
of the Act], after the Secretary’s selection of an eligible
54 U.S.C. 305103(a)
Selection of eligible entities
54 U.S.C. 305103(b)
Application Review
54 U.S.C. 305103(c)
Conveyance or Sale of Historic
Light Stations
National Historic Preservation Act 99
National Historic Preservation Act
“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 Title 54] [sub-
section (c) of section 308 of the Act] after the Secretary’s
selection of an eligible entity. The conveyance of a historic
light station under this chapter [of Title 54] [section of the
Act] shall not be subject to the McKinney-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].
(B) histoRiC light station loCated Within a systeM unit
oR a Refuge Within national Wildlife Refuge systeM.—
(i) appRoVal of seCRetaRy RequiRed.— A historic light
station located within the exterior boundaries of a Sys-
tem unit or a refuge within the National Wildlife Refuge
System shall be conveyed or sold only with the approval
of the Secretary.
(ii) Conditions of ConVeyanCe.—If the Secretary
approves the conveyance of a historic light station
described in subparagraph (A) [of this chapter of
Title 54] [section 308(c) of this Act], the conveyance
shall be subject to the conditions set forth in section
305104 [of Title 54] [section 308(c) of this Act] and
any other terms or conditions the Secretary considers
necessary to protect the resources of the System unit
or wildlife refuge.
(iii) Conditions of sale.—If the Secretary approves
the sale of a historic light station described in sub-
paragraph (A) [of this chapter of Title 54] [section
308(c) of this Act], 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 Title 54] [section 308(c) of this Act] and any other
terms or conditions the Secretary considers neces-
sary to protect the resources of the park unit or wild-
life refuge.
100 Federal Historic Preservation Laws
National Historic Preservation Act
(iv) CoopeRatiVe agReeMents.— The Secretary is en-
couraged to enter into cooperative agreements with
appropriate eligible entities with respect to historic
light stations described in subparagraph (A), as pro-
vided in this division [of Title 54] [Act], to the extent
the cooperative agreements are consistent with the
Secretary’s responsibilities to manage and administer
the [National Park] System or wildlife refuge.
(c)(1) in geneRal.— The conveyance of a historic light sta-
tion shall be made subject to any conditions, including the
reservation of easements and other rights on behalf of the
United States, that the Administrator considers necessary to
ensure that—
(A) 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;
(B) 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;
(C) 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 mainte-
nance of any Federal aid to navigation without the ex-
press written permission of the head of the agency re-
sponsible for maintaining the Federal aid to navigation;
(D)(i) the eligible entity to which the historic light sta-
tion is conveyed shall, at its own cost and expense, use
and maintain the historic light station in accordance
with this division [of Title 54] [Act], the Secretary of the
Interior’s Standards for the Treatment of Historic Prop-
erties contained in part 68 of title 36, Code of Federal
Regulations, and other applicable laws; and
54 U.S.C. 305104
Terms of conveyance
National Historic Preservation Act 101
National Historic Preservation Act
(ii) any proposed changes to the historic light station
shall be reviewed and approved by the Secretary in
consultation with the State Historic Preservation Of-
ficer 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 Sec-
retary of the Interior’s Standards for Rehabilitation,
contained in section 67.7 of title 36, Code of Federal
regulations;
(E) the eligible entity to which the historic light station
is conveyed shall make the historic light station avail-
able for education, park, recreation, cultural or historic
preservation purposes for the general public at reason-
able times and under reasonable conditions;
(F) 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, ex-
change or encumbrance is approved by the Secretary;
(G) 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 connection with any associated historic
artifact conveyed to the eligible entity in conjunction
with the historic light station conveyance, in any man-
ner, unless the commercial activity is approved by the
Secretary; and
(H) 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 com-
pliance with this section, to the extent that it is not pos-
sible to provide advance notice.
102 Federal Historic Preservation Laws
National Historic Preservation Act
(2) MaintenanCe of aid to naVigation.— Any eligible
entity to which a historic light station is conveyed shall not
be required to maintain any Federal aid to navigation as-
sociated with a historic light station, except any private aid
to navigation permitted to the eligible entity under section
83 of title 14.
(3) ReVeRsion.— In addition to any term or condition es-
tablished pursuant to this section [of Title 54] [subsection
of this Act], the 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 Admin-
istrator, shall revert to the United States and be placed
under the administrative control of the Administrator,
if—
(A) 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;
(B) the historic light station or any part thereof ceases
to be maintained in a manner that ensures its present or
future use as a site for a Federal aid to navigation;
(C) 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 [of Title
54] [Act], 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;
(D) the eligible entity to which the historic light sta-
tion 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;
National Historic Preservation Act 103
National Historic Preservation Act
(E) the eligible entity to which the historic light station
is conveyed, conducts any commercial activity at the
historic light station, any part of the historic light stat-
tion, or in conjunction with any associated historic arti-
fact, without approval of the Secretary; or
(F) At least 30 days before the reversion, the Adminis-
trator provides written notice to the owner that the his-
toric light station or any part of the historic light station
is needed for national security purposes.
(4) light stations oRiginally ConVeyed undeR otheR
authoRity.—On receiving notice of an executed or in-
tended conveyance by an owner that
(A) received from the Federal Government under
authority other than this division [of Title 54] [Act] a
historic light station in which the United States retains a
reversionary or other interest; and
(B) 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 this 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.
(d)(1) in geneRal.— The Administrator shall prepare the
legal description of any historic light station conveyed under
this chapter [of Title 54] [Act]. The Administrator, in con-
sultation 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
54 U.S.C. 305105
Description of property
104 Federal Historic Preservation Laws
National Historic Preservation Act
and located at the 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.
(2) aRtifaCts.— Artifacts associated with, but not located
at, a historic light station at the time of conveyance shall
remain the property of the United States under the ad-
ministrative control of the Secretary of Homeland Secu-
rity.
(3) CoVenants.— All conditions placed with the quitclaim
deed of title to the historic light station shall be construed
as covenants running with the land.
(4) subMeRged land.— No submerged lands shall be con-
veyed under this chapter [of Title 54] [section of this Act].
(e) In this chapter [of Title 54] [section of the Act]:
(1) adMinistRatoR.— The term “Administrator” means the
Administrator of General Services.
(2) histoRiC light station.— The term “historic light sta-
tion” includes the light tower, lighthouse, keepers dwell-
ing, garages, storage sheds, oil house, fog signal building,
boat house, barn, pumphouse, tramhouse support struc-
tures, piers, walkways, underlying and appurtenant land
and related real property and improvements associated
with a historic light station that is a historic property.
(3) eligible entity.— The term “eligible entity” means:
(A) any department or agency of the Federal Govern-
ment; 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 locat-
ed, a nonprofit corporation, an educational agency, or a
community development organization that—
54 U.S.C. 305101
Definitions
National Historic Preservation Act 105
National Historic Preservation Act
(i) has agreed to comply with the conditions set forth
in section 305104 [of title 54] [section 308(c) of this
Act] and to have the conditions recorded with the
deed of title to the historic light station; and
(ii) is financially able to maintain the historic light
station in accordance with the conditions set forth in
section 305104 of this title [Title 54] [section 308(c) of
this Act].
(4) fedeRal aid to naVigation.— The term “Federal aid
to navigation” means any device, operated and main-
tained 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 navi-
gation.
Section 309
(a) in geneRal.—
(1) When sale May oCCuR.—If no applicant is approved for
the conveyance of a historic light station pursuant to sec-
tions 305101 through 305105 of this title [Title 54] [section
308 of this Act], the historic light station shall be offered
for sale.
(2) teRMs of sale.—Terms of the sales—
(A) shall be developed by the Administrator; and
(B) shall be consistent with the requirements of para-
graphs (1) through (4) and (8) of subsection (b), of sec-
tion 305104 of this title [Title 54] [section 308(c) of this
Act].
(3) CoVenants to be inCluded in ConVeyanCe doCu-
Ments.—Conveyance documents shall include all neces-
sary 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.
54 U.S.C. 305106
Historic light station sales
106 Federal Historic Preservation Laws
National Historic Preservation Act
(b) net sale pRoCeeds.—disposition and use of funds.—
Net sale proceeds from the disposal of a historic light
station—
(1) located on public domain land shall be transferred to
the National Maritime Heritage Grants Program, estab-
lished under chapter 3087 [of title 54] [National Maritime
Heritage Act (54 U.S.C. 3087 et seq.)] in the Department
of the Interior; and
(2) under the administrative control of the Secretary
of Homeland Security — shall be credited to the Coast
Guard’s Operating Expenses appropriation account; and
shall be available for obligation and expenditure for the
maintenance of light stations remaining under the admin-
istrative control of the Secretary of Homeland Security.
aVailability of funds.— The funds referred to in paragraph
(1)(B) [of section 305106 of Title 54] [section 309 of this Act]
shall remain available until expended and shall be available
in addition to funds available in the Coast Guard’s Operat-
ing Expense appropriation for that purpose.
Title IV, National Center for Preservation
Technology and Training
Section 401
[Not repealed but omitted from Title 54]
The Congress finds and declares that, given the complexity
of technical problems encountered in preserving historic
properties and the lack of adequate distribution of technical
information to preserve such properties, a national initiative
to coordinate and promote research, distribute information,
and provide training about preservation skills and technolo-
gies would be beneficial.
Section 402
In this chapter [of Title 54] [title of the Act]:
(1) boaRd.— The term “Board” means the National Preser-
vation Technology and Training Board established pursu-
ant to section 305303 [of Title 54] [section 404 of this Act].
54 U.S.C. Chapter 3053 –
National Center for Preservation
Technology and Training
Pub. L. 102575
Findings by Congress
54 U.S.C. 305301
Definitions
National Historic Preservation Act 107
National Historic Preservation Act
(2) CenteR.— The term “Center” means the National
Center for Preservation Technology and Training estab-
lished pursuant to section 305302 [of Title 54] [section
403 of this Act].
Section 403
(a) establishMent.— There is established within the De-
partment of the Interior a National Center for Preservation
Technology and Training. The Center shall be located at
Northwestern State University of Louisiana in Nacthi-
toches, Louisiana.
(b) puRposes.— The purposes of the Center shall be to—
(1) develop and distribute preservation and conservation
skills and technologies for the identification, evaluation,
conservation, and interpretation of prehistoric and his-
toric 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 Preserva-
tion and Restoration of Cultural Property, and the Inter-
national Council on Museums.
(c) pRogRaMs.— The purposes shall be carried out through
research, professional training, technical assistance, and
programs for public awareness, and through a program of
grants established under section 305304 of this title [Title
54] [section 405 of this Act].
54 U.S.C. 305302
Establishment, purposes, and
programs of the Center
108 Federal Historic Preservation Laws
National Historic Preservation Act
(d) exeCutiVe diReCtoR.— The Center shall be headed by
an Executive Director with demonstrated expertise in his-
toric preservation appointed by the Secretary with advice of
the Board.
(e) assistanCe fRoM seCRetaRy.— The Secretary shall pro-
vide the Center assistance in obtaining such personnel,
equipment, and facilities as may be needed by the Center to
carry out its activities.
Section 404
(a) establishMent.—There is established a Preservation
Technology and Training Board.
(b) duties.— The Board shall—
(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 the
Congress.
(c) MeMbeRship.— The Board shall be comprised of—
(1) The Secretary;
(2) 6 members appointed by the Secretary, who shall rep-
resent 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, architec-
ture, conservation, curation, engineering, history, historic
preservation, landscape architecture, planning, or preser-
vation education.
54 U.S.C. 305303
Preservation Technology and
Training Board
National Historic Preservation Act 109
National Historic Preservation Act
Section 405
(a) in geneRal.—The Secretary, in consultation with the
Board, shall provide preservation technology and training
grants to eligible applicants with a demonstrated institu-
tional 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) alloCation.— Grants provided under this section shall
be allocated in such a fashion to reflect the diversity of
the historic preservation fields and shall be geographically
distributed.
(2) liMit on aMount a ReCipient May ReCeiVe.— No grant
recipient may receive more than 10 percent of the grants
allocated under this section within any year.
(3) liMit on adMinistRatiVe Costs.— The total administra-
tive costs, direct and indirect, charged for carrying out
grants under this section may not exceed 25 percent of
the aggregate costs.
(c) eligible appliCants.— Eligible applicants may include—
(1) Federal and nonfederal laboratories;
(2) accredited museums;
(3) universities;
(4) nonprofit organizations;
(5) System units and offices and Cooperative Park Study
Units of the [National Park] System,
(6) State Historic Preservation Offices;
(7) tribal preservation offices; and
(8) Native Hawaiian organizations.
54 U.S.C. 3005304
Grants for research, information
distribution, and skill training
110 Federal Historic Preservation Laws
National Historic Preservation Act
(d) standaRds and Methods.— Grants shall be awarded in
accordance with accepted professional standards and meth-
ods, including peer review of projects.
Section 406
(a) aCCeptanCe of gRants and tRansfeRs.— The Center may
accept—
(1) grants and donations from private individuals, groups,
organizations, corporations, foundations, and other enti-
ties; and
(2) transfers of funds from other Federal agencies.
(b) ContRaCts and CoopeRatiVe agReeMents.— Subject to
appropriations, the 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 Cen-
ter’s responsibilities under this chapter [of Title 54] [section
of the Act].
(c) additional funds.— Funds appropriated for the Center
shall be in addition to funds appropriated for [National
Park] Service programs, centers, and offices in existence on
October 30, 1992.
Section 407
To improve the use of existing [National Park] Service re-
sources, the Secretary shall fully utilize and further develop
the Service preservation (including conservation) centers
and regional offices. The Secretary shall improve the coor-
dination of such centers and offices within the Service, and
shall, where appropriate, coordinate their activities with the
Center and with other appropriate parties.
Addendum
[This addendum contains related legislative provisions
enacted in the National Historic Preservation Act Amend-
ments of 1980 [Public Law 96-515] and that are codified
within Title 54 but that are not part of the original National
Historic Preservation Act.]
54 U.S.C. 305305
General Provisions for the
Center
54 U.S.C. 305306
Improve use of existing National
Park Service centers and offices
National Historic Preservation Act 111
National Historic Preservation Act
Section 401
(a) authoRity of seCRetaRy.— In carrying out this section,
the Secretary of the Interior may act directly or through an
appropriate officer in the Department of the Interior.
(b) paRtiCipation by united states.— The Secretary shall di-
rect and coordinate participation by the United States in the
World Heritage Convention in cooperation with the Secre-
tary of State, the Smithsonian Institution, and the Council.
Whenever possible, expenditures incurred in carrying out
activities in cooperation with other nations and internation-
al 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) noMination of pRopeRty to WoRld heRitage CoMMit-
tee.— The Secretary 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 previ-
ously 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, ease-
ments, or other forms of protection). Before making any
nomination, the Secretary shall notify the Committee on
Natural Resources of the United States House of Represen-
tatives and the Committee on Energy and Natural Resourc-
es of the United States Senate.
(d) noMination of non-fedeRal pRopeRty to WoRld heRi-
tage CoMMittee RequiRes WRitten ConCuRRenCe of oWn-
eR.— No non-Federal property may be 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.
Section 402
(e) ConsideRation of undeRtaking on pRopeRty.— Prior to
the approval of any undertaking outside the United States
that may directly and adversely affect a property that is
54 U.S.C. 307101
World Heritage Convention
112 Federal Historic Preservation Laws
National Historic Preservation Act
on the World Heritage List or on the applicable country’s
equivalent of the National Register, the head of a Federal
agency having direct or indirect jurisdiction over the under-
taking shall take into account the effect of the undertaking
on the property for purposes of avoiding or mitigating any
adverse effect.
Legislative Notes
[This section compiles the relevant legislative notes found
throughout the National Historic Preservation Act portion
of Title 54. The section numbers on the left are not official
citations for these documents, but a reference to their loca-
tion in the notes of Title 54]
Executive Order 11593. Protection and En-
hancement of the Cultural Environment
Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President of the
United States and in furtherance of the purposes and poli-
cies of the National Environmental Policy Act of 1969 (83
Stat. 852, 42 U.S.C. 4321 et seq.), the National Historic Pres-
ervation Act of 1966 (80 Stat. 915, [former] 16 U.S.C. 470 et
seq.) [see 54 U.S.C. 300101 et seq.], the Historic Sites Act
of 1935 (49 Stat. 666, [former] 16 U.S.C. 461 et seq.) [see 18
U.S.C. 1866(a), 54 U.S.C. 102303, 102304, 320101 et seq.], and
the Antiquities Act of 1906 (34 Stat. 225, 16 [former] U.S.C.
431 et seq.) [see 18 U.S.C. 1866(b), 54 U.S.C. 320301(a) to (c),
320302, 320303], it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide
leadership in preserving, restoring and maintaining the
historic and cultural environment of the Nation. Agencies
of the executive branch of the Government (hereinafter
referred to as “Federal agencies”) shall (1) administer the
cultural properties under their control in a spirit of stew-
ardship and trusteeship for future generations, (2) initiate
measures necessary to direct their policies, plans and pro-
grams in such a way that federally owned sites, structures,
and objects of historical, architectural or archaeological
significance are preserved, restored and maintained for the
54 U.S.C. 300101(Note)
Executive Order 11593 —
Protection and Enhancement of
the Cultural Environment
National Historic Preservation Act 113
National Historic Preservation Act
inspiration and benefit of the people, and (3), in consulta-
tion with the Advisory Council on Historic Preservation
([former] 16 U.S.C. 470i [see 54 U.S.C. 304101]), institute
procedures to assure that Federal plans and programs
contribute to the preservation and enhancement of non-
federally owned sites, structures and objects of historical,
architectural or archaeological significance.
SEC. 2. Responsibilities of Federal agencies. Consonant with
the provisions of the acts cited in the first paragraph of this
order, the heads of Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the Secretary
of the Interior, and in cooperation with the liaison officer
for historic preservation for the State or territory involved,
locate, inventory, and nominate to the Secretary of the In-
terior all sites, buildings, districts, and objects under their
jurisdiction or control that appear to qualify for listing on
the National Register of Historic Places.
(b) exercise caution during the interim period until invento-
ries and evaluations required by subsection (a) are complet-
ed to assure that any federally owned property that might
qualify for nomination is not inadvertently transferred, sold,
demolished or substantially altered. The agency head shall
refer any questionable actions to the Secretary of the Inte-
rior for an opinion respecting the property’s eligibility for
inclusion on the National Register of Historic Places. The
Secretary shall consult with the liaison officer for historic
preservation for the State or territory involved in arriving at
his opinion. Where, after a reasonable period in which to
review and evaluate the property, the Secretary determines
that the property is likely to meet the criteria prescribed for
listing on the National Register of Historic Places, the Fed-
eral agency head shall reconsider the proposal in light of na-
tional environmental and preservation policy. Where, after
such reconsideration, the Federal agency head proposes to
transfer, sell, demolish or substantially alter the property he
shall not act with respect to the property until the Advisory
Council on Historic Preservation shall have been provided
an opportunity to comment on the proposal.
114 Federal Historic Preservation Laws
National Historic Preservation Act
(c) initiate measures to assure that where as a result of Fed-
eral action or assistance a property listed on the National
Register of Historic Places is to be substantially altered or
demolished, timely steps be taken to make or have made
records, including measured drawings, photographs and
maps, of the property, and that copy of such records then
be deposited in the Library of Congress as part of the
Historic American Buildings Survey or Historic American
Engineering Record for future use and reference. Agencies
may call on the Department of the Interior for advice and
technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for the
maintenance, through preservation, rehabilitation, or res-
toration, of federally owned and registered sites at profes-
sional standards prescribed by the Secretary of the Interior.
(e) submit procedures required pursuant to subsection (d)
to the Secretary of the Interior and to the Advisory Council
on Historic Preservation no later than January 1, 1972, and
annually thereafter, for review and comment.
(f) cooperate with purchasers and transferees of a property
listed on the National Register of Historic Places in the de-
velopment of viable plans to use such property in a manner
compatible with preservation objectives and which does
not result in an unreasonable economic burden to public or
private interests.
SEC. 3. Responsibilities of the Secretary of the Interior. The
Secretary of the Interior shall:
(a) encourage State and local historic preservation officials
to evaluate and survey federally owned historic properties
and, where appropriate, to nominate such properties for
listing on the National Register of Historic Places.
(b) develop criteria and procedures to be applied by Federal
agencies in the reviews and nominations required by sec-
tion 2(a). Such criteria and procedures shall be developed in
consultation with the affected agencies.
National Historic Preservation Act 115
National Historic Preservation Act
(c) expedite action upon nominations to the National Reg-
ister of Historic Places concerning federally owned proper-
ties proposed for sale, transfer, demolition or substantial
alteration.
(d) encourage State and Territorial liaison officers for his-
toric preservation to furnish information upon request to
Federal agencies regarding their properties which have been
evaluated with respect to historic, architectural or archaeo-
logical significance and which as a result of such evaluations
have not been found suitable for listing on the National
Register of Historic Places.
(e) develop and make available to Federal agencies and State
and local governments information concerning professional
methods and techniques for preserving, improving, restor-
ing and maintaining historic properties.
(f) advise Federal agencies in the evaluation, identification,
preservation, improvement, restoration and maintenance of
historic properties.
(g) review and evaluate the plans of transferees of surplus
Federal properties transferred for historic monument
purposes to assure that the historic character of such
properties is preserved in rehabilitation, restoration,
improvement, maintenance and repair of such properties.
(h) review and comment upon Federal agency procedures
submitted pursuant to section 2(e) of this order.
[SIGNED] RICHARD NIXON
Recovery of Fees for Review Services for
Historic Preservation Tax Certification
Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113
Stat. 1535, 1501A- 142, provided in part: “That notwithstand-
ing any other provision of law, the National Park Service
may hereafter recover all fees derived from providing neces-
sary review services associated with historic preservation
tax certification, and such funds shall be available until ex-
54 U.S.C. 302101 (Note)
Fees for Review Services for Tax
Certification
116 Federal Historic Preservation Laws
National Historic Preservation Act
pended without further appropriation for the costs of such
review services”.
Historically Black Colleges and Universities
Historic Building Restoration and
Preservation
Pub. L. 104–333, div. I, title V, §507, Nov. 12, 1996, 110 Stat.
4156, as amended by Pub. L. 108–7, div. F, title I, §150, Feb.
20, 2003, 117 Stat. 245, provided that:
(a) authoRity to Make gRants.—From the amounts made
available to carry out the National Historic Preservation Act
[see 54 U.S.C. 300101 et seq.], the Secretary of the Interior
shall make grants in accordance with this section to eligible
historically black colleges and universities for the preserva-
tion and restoration of historic buildings and structures on
the campus of these institutions.
(b) gRant Conditions.—Grants made under subsection (a)
shall be subject to the condition that the grantee covenants,
for the period of time specified by the Secretary, that—
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of
the Secretary; and
(2) reasonable public access to the property with respect
to which the grant is made will be permitted by the
grantee for interpretive and educational purposes.
(c) MatChing RequiReMent foR buildings and stRuCtuRes
listed on the national RegisteR of histoRiC plaCes.—
(1) in geneRal.—Except as provided by paragraphs (2)
and (3), the Secretary may obligate funds made available
under this section for a grant with respect to a building or
structure listed on, or eligible for listing on, the National
Register of Historic Places 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 or
greater than the grant.
54 U.S.C. 302101 (Note)
Preservation of Historically Black
Colleges and Universities
National Historic Preservation Act 117
National Historic Preservation Act
(2) WaiVeR.—The Secretary may waive paragraphs (1) and
(3) with respect to a grant if the Secretary determines
from circumstances that an extreme emergency exists or
that such a waiver is in the public interest to assure the
preservation of historically significant resources.
(3) exCeption.—The Secretary shall not obligate funds
made available under subsection (d)(2) for a grant with re-
spect to a building or structure listed on, or eligible for list-
ing on, the National Register of Historic Places unless the
grantee agrees to provide, from funds derived from non-
Federal sources, an amount that is equal to 30 percent of
the total cost of the project for which the grant is provided.
(d) funding pRoVision.—
(1) in geneRal.—Under section 108 of the National His-
toric Preservation Act [see 54 U.S.C. 303101 to 303103],
$29,000,000 shall be made available to carry out the pur-
poses of this section. Of amounts made available pursuant
to this section, $5,000,000 shall be available for grants to
Fisk University, $2,500,000 shall be available for grants to
Knoxville College, $2,000,000 shall be available for grants
to Miles College, Alabama, $1,500,000 shall be available
for grants to Talladega College, Alabama, $1,550,000 shall
be available for grants to Selma University, Alabama,
$250,000 shall be available for grants to Stillman College,
Alabama, $200,000 shall be available for grants to Con-
cordia College, Alabama, $2,900,000 shall be available
for grants to Allen University, South Carolina, $1,000,000
shall be available for grants to Claflin College, South Caro-
lina, $2,000,000 shall be available for grants to Voorhees
College, South Carolina, $1,000,000 shall be available for
grants to Rust College, Mississippi, and $3,000,000 shall
be available for grants to Tougaloo College, Mississippi.
(2) additional funding.—In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated from the Historic Preservation Fund to
carry out this section $10,000,000 for each of fiscal years
2003 through 2008.
118 Federal Historic Preservation Laws
National Historic Preservation Act
(e) Regulations.—The Secretary shall develop such guide-
lines as may be necessary to carry out this section.
(f) definitions.—For the purposes of this section:
(1) histoRiCally blaCk Colleges.—The term ‘historically
black colleges and universities’ has the same meaning
given the term ‘part B institution’ by section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(2) histoRiC building and stRuCtuRes. —The term ‘his-
toric building and structures’ means a building or struc-
ture listed on, or eligible for listing on, the National Reg-
ister of Historic Places or designated a National Historic
Landmark.
Recommendations of Historic Properties for
Preservation
Pub. L. 102–575, title XL, §4021, Oct. 30, 1992, 106 Stat. 4765,
provided that: “The Secretary of the Interior, in consulta-
tion with the Advisory Council, shall seek to ensure that
historic properties preserved under the National Historic
Preservation Act [54 U.S.C. 300101 et seq.] fully reflect the
historical experience of this nation.”
Executive Order 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 Constitu-
tion and the laws of the United States of America, including
the National Historic Preservation Act ([former] 16 U.S.C.
470 et seq.) [see 54 U.S.C. 300301 et seq.] (NHPA) and the
National Environmental Policy Act [of 1969] (42 U.S.C. 4321
et seq.), it is hereby ordered:
SECTION 1. Statement of Policy. It is the policy of the Feder-
al Government to provide leadership in preserving America’s
heritage by actively advancing the protection, enhancement,
and contemporary use of the historic properties owned by
the Federal Government, and by promoting intergovernmen-
tal cooperation and partnerships for the preservation and
use of historic properties. The Federal Government shall rec-
54 U.S.C. 302101 (Note)
Recommendations of Historic
Properties for Preservation
54 U.S.C. 306101 (Note)
Executive Order 13287 –
Preserve America
National Historic Preservation Act 119
National Historic Preservation Act
ognize 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 ap-
preciation 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 contin-
ued use of the historic properties owned by the Federal Gov-
ernment, 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 communi-
ties 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 or-
der to efficiently and effectively advance historic preservation
objectives in the pursuit of their missions.
SEC. 2. Building Preservation Partnerships. When carry-
ing out its mission activities, each agency, where consistent
with its mission and governing authorities, and where ap-
propriate, shall seek partnerships with State and local gov-
ernments, 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 ca-
pabilities 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 depart-
ment and agency mission requirements.
SEC. 3. Improving Federal Agency Planning and Account-
ability. (a) Accurate information on the state of Federally
owned historic properties is essential to achieving the goals
120 Federal Historic Preservation Laws
National Historic Preservation Act
of this order and to promoting community economic de-
velopment 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 ([for-
mer] 16 U.S.C. 470h–2(a)(2)) [see 54 U.S.C. 306102], the gen-
eral condition and management needs of such properties,
and the steps underway or planned to meet those manage-
ment needs. The assessment shall also include an evaluation
of the suitability of the agency’s types of historic proper-
ties 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 com-
plete 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 regu-
lations, management policies, and operating procedures
for compliance with sections 110 and 111 of the NHPA [for-
mer] (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 re-
sults 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 responsi-
bilities 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 Sec-
retary. The Council shall incorporate this data into a report
on the state of the Federal Government’s historic properties
and their contribution to local economic development and
submit this report to the President by February 15, 2006,
and every third year thereafter.
National Historic Preservation Act 121
National Historic Preservation Act
(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 secre-
tary, deputy assistant secretary, or the equivalent, as appro-
priate to the agency organization. This official, or a subordi-
nate 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 se-
nior official shall ensure that the Federal Preservation Officer
is qualified consistent with guidelines established by the Sec-
retary for that position and has access to adequate expertise
and support to carry out the duties of the position.
SEC. 4. Improving Federal Stewardship of Historic Properties.
(a) Each agency shall ensure that the management of historic
properties in its ownership is conducted in a manner that
promotes the long-term preservation and use of those prop-
erties 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 Pres-
ervation, and where appropriate, agencies shall cooperate
with communities to increase opportunities for public ben-
efit 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.
122 Federal Historic Preservation Laws
National Historic Preservation Act
(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 Ser-
vice and other agencies, shall encourage and recognize ex-
ceptional 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 rec-
ommendations 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 de-
velopment 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 govern-
ing 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
National Historic Preservation Act 123
would conflict with or compromise national and homeland
security goals, policies, programs, or activities.
SEC. 7. Definitions. For the purposes of this order, the term
“historic property” means any prehistoric or historic dis-
trict, site, building, structure, and object included on or eli-
gible for inclusion on the National Register of Historic Plac-
es in accordance with section 301(5) of the NHPA ([former]
16 U.S.C. 470w (5)) [see 54 U.S.C. 300308]. The term “heri-
tage tourism” means the business and practice of attract-
ing 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 proper-
ties acquired by agencies as a result of foreclosure or similar
actions and that are held for a period of less than 5 years.
SEC. 8. Judicial Review. This order is intended only to im-
prove the internal management of the Federal Government
and it is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or
equity by a party against the United States, its departments,
agencies, instrumentalities or entities, its officers or employ-
ees, or any other person.
[SIGNED] GEORGE W. BUSH.
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 his-
toric properties with the goal of leasing available structures
in a timely manner.”
54 U.S.C. 306121 (Note)
Historic Lease Process
Simplification
National Historic Preservation Act
Pictured: Saxman Totem Park, located near Ketchikan, Alaska, was listed in the National Register of
Historic Places in 1979. Protecting and documenting Native American cultural heritage is a vital com
ponent of historic preservation in the United States. Photograph courtesy of the Historic American
Buildings Survey.
National Park Service 125
Department of Transportation Act
SECTION 4F, HISTORIC SITES
This section of the Department of Transportation Act became law on October 15, 1966
(Public Law 89670, 49 U.S.C. 303). It was amended in 2015 to add several subsections.
This version of the Act follows the organization and structure of the original document
while using the updated language from the U.S. Code except that it refers to the law as
the “Act” rather than to the “subchapter” or the “title” of the Code. In this law, unless
specified to the contrary, “Secretary” refers to the Secretary of Transportation.
Section 4f
(a) It is the policy of the United States Government that
special effort should be made to preserve the natural beauty
of the countryside and public park and recreation lands,
wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and
Urban Development, and Agriculture, and with the States,
in developing transportation plans and programs that in-
clude measures to maintain or enhance the natural beauty
of lands crossed by transportation activities or facilities.
(c) appRoVal of pRogRaMs and pRojeCts.— Subject to sub-
sections (d) and (h) The Secretary may approve a trans-
portation program or project (other than any project for a
park road or parkway under section 204 of title 23) [of the
United States Code, “Federal Lands Highways Program”]
requiring the use of publicly owned land of a public park,
recreation area, or wildlife and waterfowl refuge of national,
State, or local significance, or land of an historic site of na-
tional, State, or local significance (as determined by Federal,
State, or local officials having jurisdiction over the park,
area, refuge, or site) only if—
(1) there is no prudent and feasible alternative to using
that land; and
(2) the program or project includes all possible planning
to minimize harm to the park, recreation area, wildlife
and waterfowl refuge, or historic site resulting from the
use.
(d) de MiniMis iMpaCts.—
(1) RequiReMents.—
49 U.S.C. 303(a)
Policy on lands, wildlife, and
waterfowl refuges and historic
sites
126 Federal Historic Preservation Laws Department of Transportation Act 126
Department of Transportation Act
(A) RequiReMents foR histoRiC sites.— The require-
ments of this section shall be considered to be satisfied
with respect to an area described in paragraph (2) if the
Secretary determines, in accordance with this subsec-
tion, that a transportation program or project will have
a de minimis impact on the area.
(B) RequiReMents foR paRks, ReCReation aReas, and
Wildlife oR WateRfoWl Refuges.—The requirements
of subsection (c)(1) shall be considered to be satisfied
with respect to an area described in paragraph (3) if the
Secretary determines, in accordance with this subsec-
tion, that a transportation program or project will have
a de minimis impact on the area. The requirements of
subsection (c)(2) with respect to an area described in
paragraph (3) shall not include an alternatives analysis.
(C) CRiteRia.— In making any determination under this
subsection, the Secretary shall consider to be part of a
transportation program or project any avoidance, mini-
mization, mitigation, or enhancement measures that are
required to be implemented as a condition of approval
of the transportation program or project.
(2) histoRiC sites.— With respect to historic sites, the Sec-
retary may make a finding of de minimis impact only if-
(A) the Secretary has determined, in accordance with
the consultation process required under section 306108
of title 54, United States Code, that-
(i) the transportation program or project will have no
adverse effect on the historic site; or
(ii) there will be no historic properties affected by the
transportation program or project;
(B) the finding of the Secretary has received written
concurrence from the applicable State historic preser-
vation officer or tribal historic preservation officer (and
from the Advisory Council on Historic Preservation
if the Council is participating in the consultation pro-
cess); and
National Historic Preservation Act 127
Department of Transportation Act
(C) the finding of the Secretary has been developed in
consultation with parties consulting as part of the pro-
cess referred to in subparagraph (A).
(3) paRks, ReCReation aReas, and Wildlife oR WateRfoWl
Refuges.— With respect to parks, recreation areas, or wild-
life or waterfowl refuges, the Secretary may make a finding
of de minimis impact only if-
(A) the Secretary has determined, after public notice
and opportunity for public review and comment, that
the transportation program or project will not adverse-
ly affect the activities, features, and attributes of the
park, recreation area, or wildlife or waterfowl refuge
eligible for protection under this section; and
(B) the finding of the Secretary has received
concurrence from the officials with jurisdiction over the
park, recreation area, or wildlife or waterfowl refuge.
(e) satisfaCtion of RequiReMents foR CeRtain histoRiC
sites.—
(1) in geneRal.— The Secretary shall—
(A) align, to the maximum extent practicable, the re-
quirements of this section with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 306108 of title 54, including
implementing regulations; and
(B) not later than 90 days after the date of enactment
of this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory
Council on Historic Preservation (referred to in this
subsection as the “Council”) to establish procedures to
satisfy the requirements described in subparagraph (A)
(including regulations).
(2) aVoidanCe alteRnatiVe analysis.—
(A) in geneRal.— If, in an analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Secretary determines that there is no
128 Federal Historic Preservation Laws Department of Transportation Act 128
Department of Transportation Act
feasible or prudent alternative to avoid use of a historic
site, the Secretary may-
(i) include the determination of the Secretary in the
analysis required under that Act;
(ii) provide a notice of the determination to-
(I) each applicable State historic preservation offi-
cer and tribal historic preservation officer;
(II) the Council, if the Council is participating in
the consultation process under section 306108 of
title 54; and
(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer,
the Council, and the Secretary of the Interior a
concurrence that the determination is sufficient to
satisfy subsection (c)(1).
(B) ConCuRRenCe.— If the applicable preservation of-
ficer, the Council, and the Secretary of the Interior each
provide a concurrence requested under subparagraph
(A)(iii), no further analysis under subsection (c)(1) shall
be required.
(C) publiCation.— A notice of a determination, togeth-
er with each relevant concurrence to that determina-
tion, under subparagraph (A) shall-
(i) be included in the record of decision or finding of
no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website
by not later than 3 days after the date of receipt by
the Secretary of all concurrences requested under
subparagraph (A)(iii).
(3) aligning histoRiCal ReVieWs.—
(A) in geneRal.— If the Secretary, the applicable pres-
ervation officer, the Council, and the Secretary of the
National Historic Preservation Act 129
Department of Transportation Act
Interior concur that no feasible and prudent alterna-
tive exists as described in paragraph (2), the Secretary
may provide to the applicable preservation officer,
the Council, and the Secretary of the Interior notice
of the intent of the Secretary to satisfy subsection (c)
(2) through the consultation requirements of section
306108 of title 54.
(B) satisfaCtion of Conditions.— To satisfy subsection
(c)(2), the applicable preservation officer, the Council,
and the Secretary of the Interior shall concur in the
treatment of the applicable historic site described in the
memorandum of agreement or programmatic agree-
ment developed under section 306108 of title 54.
(f) RefeRenCes to past tRanspoRtation enViRonMental
authoRities.—
(1) seCtion 4(f) RequiReMents.— The requirements of this
section are commonly referred to as section 4(f) require-
ments (see section 4(f) of the Department of Transpor-
tation Act (Public Law 89–670; 80 Stat. 934) as in effect
before the repeal of that section).
(2) seCtion 106 RequiReMents.— The requirements of sec-
tion 306108 of title 54 are commonly referred to as section
106 requirements (see section 106 of the National His-
toric Preservation Act of 1966 [as amended] (Public Law
89–665; 80 Stat. 917) as in effect before the repeal of that
section).
(g) bRidge exeMption fRoM ConsideRation.— A common
post-1945 concrete or steel bridge or culvert (as described
in 77 Fed. Reg. 68790) that is exempt from individual review
under section 306108 of title 54 shall be exempt from con-
sideration under this section.
(h) Rail and tRansit.—
(1) in geneRal.— Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically
used for the transportation of goods or passengers shall
130 Federal Historic Preservation Laws Department of Transportation Act 130
Department of Transportation Act
not be considered a use of a historic site under subsection
(c), regardless of whether the railroad or rail transit line
or element thereof is listed on, or eligible for listing on,
the National Register of Historic Places.
(2) exCeptions.—
(A) in geneRal.— Paragraph (1) shall not apply to-
(i) stations; or
(ii) bridges or tunnels located on-
(I) railroad lines that have been abandoned; or
(II) transit lines that are not in use.
(B) ClaRifiCation With RespeCt to CeRtain bRidges and
tunnels.— The bridges and tunnels referred to in sub-
paragraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines-
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved
for the transportation of goods or passengers.
National Park Service 131
Section 2
The purposes of this chapter [of Title 42] [Act] are: To de-
clare a national policy which will encourage productive and
enjoyable harmony between man and his environment; to
promote efforts which will prevent or eliminate damage to
the environment and biosphere and stimulate the health
and welfare of man; to enrich the understanding of the eco-
logical systems and natural resources important to the Na-
tion; and to establish a Council on Environmental Quality.
Section 101
(a) The Congress, recognizing the profound impact of
man’s activity on the interrelations of all components of the
natural environment, particularly the profound influences
of population growth, high-density urbanization, industrial
expansion, resource exploitation, and new and expanding
technological advances and recognizing further the critical
importance of restoring and maintaining environmental
quality to the overall welfare and development of man, de-
clares that it is the continuing policy of the Federal Govern-
ment, in cooperation with State and local governments, and
other concerned public and private organizations, to use
all practicable means and measures, including financial and
technical assistance, in a manner calculated to foster and
promote the general welfare, to create and maintain condi-
tions under which man and nature can exist in productive
harmony, and fulfill the social, economic, and other require-
ments of present and future generations of Americans.
(b) In order to carry out the policy set forth in this chapter
[of Title 42] [Act], it is the continuing responsibility of the
Federal Government to use all practicable means, consistent
with other essential considerations of national policy, to
improve and coordinate Federal plans, functions, programs,
and resources to the end that the Nation may—
42 U.S.C. 4321
Congressional declaration of
purpose
42 U.S.C. 4331(a)
Congressional Declaration of
Policy
National Environmental Policy Act
SELECTIONS: PURPOSE, POLICY, AND INTERAGENCY COOPERATION
This Act became law on January 1, 1970 (Public Law 91190, 42 U.S.C. 4321 and 4331
4335) and has been amended once. This version of the Act follows the organization
and structure of the original document while using the updated language from the U.S.
Code except that it refers to the law as the “Act” rather than to the “subchapter” or the
“title” of the Code. In this law, unless specified to the contrary, “Secretary” refers to the
Secretary of the Interior.
132 Federal Historic Preservation Laws National Environmental Policy Act 132
National Environmental Policy Act
(1) fulfill the responsibilities of each generation as trustee
of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive,
and esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety,
or other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural
aspects of our national heritage, and maintain, wherever
possible, an environment which supports diversity and
variety of individual choice;
(5) achieve a balance between population and resource
use which will permit high standards of living and a wide
sharing of life’s amenities; and
(6) enhance the quality of renewable resources and ap-
proach the maximum attainable recycling of depletable
resources.
(c) The Congress recognizes that each person should enjoy
a healthful environment and that each person has a respon-
sibility to contribute to the preservation of the environment.
Section 102
The Congress authorizes and directs that, to the fullest ex-
tent possible:
(1) the policies, regulations, and public laws of the United
States shall be interpreted and administered in accor-
dance with the policies set forth in this chapter [of Title
42] [Act], and
(2) all agencies of the Federal government shall—
(A) utilize a systematic, interdisciplinary approach
which will insure the integrated use of the natural and
social sciences and the environmental design arts in
planning and in decisionmaking which may have an
impact on man’s environment;
42 U.S.C. 4332
Cooperation of agencies, envi
ronmental impact statements,
international and national coor
dination of efforts
National Historic Preservation Act 133
National Environmental Policy Act
(B) identify and develop methods and procedures, in
consultation with the Council on Environmental Quality
established by subchapter 11 of this chapter [of Title 42]
[section 202 of the Act], which will insure that presently
unquantified environmental amenities and values may
be given appropriate consideration in decision making
along with economic and technical considerations;
(C) include in every recommendation or report on
proposals for legislation and other major Federal ac-
tions significantly affecting the quality of the human
environment, a detailed statement by the responsible
official on—
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot
be avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses
of man’s environment and the maintenance and
enhancement of long-term productivity, and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed
action should it be implemented.
Prior to making any detailed statement, the responsible
Federal official shall consult with and obtain the comments
of any Federal agency which has jurisdiction by law or
special expertise with respect to any environmental impact
involved. Copies of such statement and the comments and
views of the appropriate Federal, State, and local agencies,
which are authorized to develop and enforce environmen-
tal standards, shall be made available to the President, the
Council on Environmental Quality and to the public as pro-
vided by section 552 of title 5 [of the United States Code],
and shall accompany the proposal through the existing
agency review processes;
134 Federal Historic Preservation Laws National Environmental Policy Act 134
National Environmental Policy Act
[Remainder of 42 U.S.C. 4342(D)/Section 102(D) of this Act
omitted]
(E) study, develop, and describe appropriate alterna-
tives to recommended courses of action in any pro-
posal which involves unresolved conflicts concerning
alternative uses of available resources;
(F) recognize the worldwide and long-range character
of environmental problems and, where consistent with
the foreign policy of the United States, lend appropri-
ate support to initiatives, resolutions, and programs
designed to maximize international cooperation in
anticipating and preventing a decline in the quality of
mankind’s world environment;
(G) make available to States, counties, municipalities,
institutions, and individuals, advice and information
useful in restoring, maintaining, and enhancing the
quality of the environment;
(H) initiate and utilize ecological information in the
planning and development of resource-oriented proj-
ects;
[Remainder of paragraph omitted]
Section 103
[42 U.S.C. 4333, Conformity of administrative procedures to
national environmental policy, omitted]
Section 104
[42 U.S.C. 4334, Other statutory obligations of agencies,
omitted]
Section 105
The policies and goals set forth in this chapter [of Title 42]
[Act] are supplementary to those set forth in existing autho-
rizations of Federal agencies.
[Remainder of Act omitted]
42 U.S.C. 43334334
Omitted
42 U.S.C. 4335
Efforts supplemental to existing
authorizations
National Park Service 135
Section 301
(a) The Congress finds that—
(1) this Nation historically has recognized the importance
of protecting special areas of its public domain, but these
efforts have been directed almost exclusively to land areas
above the high-water mark;
(2) certain areas of the marine environment possess con-
servation, recreational, ecological, historical, scientific,
educational, cultural, archeological, or esthetic qualities
which give them special national, and in some cases inter-
national, significance;
(3) while the need to control the effects of particular
activities has led to enactment of resource-specific
legislation, these laws cannot in all cases provide a
coordinated and comprehensive approach to the
conservation and management of special areas of the
marine environment; and
(4) a Federal program which establishes areas of the
marine environment which have special conservation,
recreational, ecological, historical, cultural, archeological,
scientific, educational, or esthetic qualities as national
marine sanctuaries managed as the National Marine
Sanctuary System will—
(A) improve the conservation, understanding,
management, and wise and sustainable use of marine
resources;
(B) enhance public awareness, understanding, and
appreciation of the marine environment; and
(C) maintain for future generations the habitat, and
ecological services, of the natural assemblage of living
resources that inhabit these areas.
16 U.S.C. 1431
Findings, purposes, and policies;
Establishment of system
National Marine Sanctuaries Act
SELECTIONS: DESIGNATION, RESEARCH, AND LIMITATIONS
This Act became law on October 23, 1972 (Public Law 92532, 16 U.S.C. 14311445) and
has been amended 15 times. This version of the Act follows the organization and struc
ture of the original document while using the updated language from the U.S. Code ex
cept that it refers to the law as the “Act” rather than to the “subchapter” or the “title”
of the Code. In this law, unless specified to the contrary, “Secretary” refers to the Secre
tary of Commerce.
136 Federal Historic Preservation Laws National Marine Sanctuaries Act 136
National Marine Sanctuaries Act
(b) The purposes and policies of this chapter [of Title 16]
[Act] are—
(1) to identify and designate as national marine
sanctuaries areas of the marine environment which are of
special national significance and to manage these areas as
the National Marine Sanctuary System;
(2) to provide authority for comprehensive and
coordinated conservation and management of these
marine areas, and activities affecting them, in a manner
which complements existing regulatory authorities;
(3) to maintain the natural biological communities in
the national marine sanctuaries, and to protect, and,
where appropriate, restore and enhance natural habitats,
populations, and ecological processes;
(4) to enhance public awareness, understanding, apprecia-
tion, and wise and sustainable use of the marine environ-
ment, and the natural, historical, cultural, and archeologi-
cal resources of the National Marine Sanctuary System;
(5) to support, promote, and coordinate scientific re-
search on, and long-term monitoring of, the resources of
these marine areas;
(6) to facilitate to the extent compatible with the primary
objective of resource protection, all public and private
uses of the resources of these marine areas not prohibited
pursuant to other authorities;
(7) to develop and implement coordinated plans
for the protection and management of these areas
with appropriate Federal agencies, State and local
governments, Native American tribes and organizations,
international organizations, and other public and private
interests concerned with the continuing health and
resilience of these marine areas;
(8) to create models of, and incentives for, ways to con-
serve and manage these areas, including the application
of innovative management techniques; and
National Historic Preservation Act 137
National Marine Sanctuaries Act
(9) to cooperate with global programs encouraging con-
servation of marine resources.
(c) There is established the National Marine Sanctuary
System, which shall consist of national marine sanctuaries
designated by the Secretary [of Commerce] in accordance
with this Act.
Section 302
As used in this chapter [of Title 16] [Act], the term—
(1) “draft management plan” means the plan described in
section 1434(a)(1)(C)(v) [of Title 16] [section 304(a)(1)(C)
(v) of this Act];
(2) “Magnuson-Stevens Act” means the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.);
(3) “marine environment” means those areas of coastal
and ocean waters, the Great Lakes and their connect-
ing waters, and submerged lands over which the United
States exercises jurisdiction, including the exclusive eco-
nomic zone, consistent with international law;
(4) “Secretary” means the Secretary of Commerce;
(5) “State” means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, American
Samoa, the Virgin Islands, Guam, and any other com-
monwealth, territory, or possession of the United States;
(6) “damages” includes—
(A) compensation for—
(i)(I) the cost of replacing, restoring, or acquiring the
equivalent of a sanctuary resource; and
(II) the value of the lost use of a sanctuary resource
pending its restoration or replacement or the ac-
quisition of an equivalent sanctuary resource; or
16 U.S.C. 1432
Definitions
138 Federal Historic Preservation Laws National Marine Sanctuaries Act 138
National Marine Sanctuaries Act
(ii) the value of a sanctuary resource if the sanctu-
ary resource cannot be restored or replaced or if the
equivalent of such resource cannot be acquired;
(B) the cost of damage assessments under section
1433(b)(2) [of Title 16] [section 303(b)(2) of this Act];
(C) the reasonable cost of monitoring appropriate to
the injured, restored, or replaced resources;
(D) the cost of curation and conservation of archeologi-
cal, historical, and cultural sanctuary resources; and
(E) the cost of enforcement actions undertaken by the
Secretary in response to the destruction or loss of, or
injury to, a sanctuary resource;
(7) “response costs” means the costs of actions taken or
authorized by the Secretary to minimize destruction or
loss of, or injury to, sanctuary resources, or to minimize
the imminent risks of such destruction, loss, or injury,
including costs related to seizure, forfeiture, storage, or
disposal arising from liability under section 1433 [of Title
16] [section 303 of this Act];
(8) “sanctuary resource” means any living or nonliving
resource of a national marine sanctuary that contributes
to the conservation, recreational, ecological, historical,
educational, cultural, archeological, scientific, or aesthetic
value of the sanctuary; and
(9) “exclusive economic zone” means the exclusive eco-
nomic zone as defined in the Magnuson-Stevens Act; and
(10) “System” means the National Marine Sanctuary Sys-
tem established by section 1431 [of Title 16] [section 301 of
this Act].
Section 303
(a) The Secretary may designate any discrete area of the
marine environment as a national marine sanctuary and
promulgate regulations implementing the designation if the
Secretary determines that—
16 U.S.C. 1433
Sanctuary designation standards
National Historic Preservation Act 139
National Marine Sanctuaries Act
(1) the designation will fulfill the purposes and policies of
this chapter [of Title 16] [Act];
(2) the area is of special national significance due to—
(A) its conservation, recreational, ecological, historical,
scientific, cultural, archaeological [sic — should be ar-
cheological], educational, or esthetic qualities;
(B) the communities of living marine resources it
harbors; or
(C) its resource or human-use values;
(3) existing State and Federal authorities are inadequate
or should be supplemented to ensure coordinated and
comprehensive conservation and management of the
area, including resource protection, scientific research,
and public education;
(4) designation of the area as a national marine sanctuary
will facilitate the objectives stated in paragraph (3); and
(5) the area is of a size and nature that will permit
comprehensive and coordinated conservation and
management.
(b)(1) For purposes of determining if an area of the marine
environment meets the standards set forth in subsection (a),
the Secretary shall consider—
(A) the area’s natural resource and ecological qualities,
including its contribution to biological productivity,
maintenance of ecosystem structure, maintenance of
ecologically or commercially important or threatened
species or species assemblages, maintenance of critical
habitat of endangered species, and the biogeographic
representation of the site;
(B) the area’s historical, cultural, archaeological, or pa-
leontological significance;
(C) the present and potential uses of the area that de-
pend on maintenance of the area’s resources, including
16 U.S.C. 1433(b)
Factors and consultations
required in making
determinations and findings
140 Federal Historic Preservation Laws National Marine Sanctuaries Act 140
National Marine Sanctuaries Act
commercial and recreational fishing, subsistence uses,
other commercial and recreational activities, and re-
search and education;
(D) the present and potential activities that may ad-
versely affect the factors identified in subparagraphs
(A), (B), and (C);
(E) the existing State and Federal regulatory and man-
agement authorities applicable to the area and the ad-
equacy of those authorities to fulfill the purposes and
policies of this chapter [of Title 16] [Act];
(F) the manageability of the area, including such factors
as its size, its ability to be identified as a discrete ecolog-
ical unit with definable boundaries, its accessibility, and
its suitability for monitoring and enforcement activities;
(G) the public benefits to be derived from sanctuary
status, with emphasis on the benefits of long-term pro-
tection of nationally significant resources, vital habitats,
and resources which generate tourism;
(H) the negative impacts produced by management
restrictions on income-generating activities such as
living and nonliving resources development;
(I) the socioeconomic effects of sanctuary designation;
(J) the area’s scientific value and value for monitoring
the resources and natural processes that occur there;
(K) the feasibility, where appropriate, of employing in-
novative management approaches to protect sanctuary
resources or to manage compatible uses; and
(L) the value of the area as an addition to the System.
(2) In making determinations and findings, the Secretary
shall consult with—
(A) the Committee on Resources of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate;
16 U.S.C. 1443(b)(2)
Consultation
National Historic Preservation Act 141
National Marine Sanctuaries Act
(B) the Secretaries of State, Defense, Transportation,
and the Interior, the Administrator [of the Environmen-
tal Protection Agency], and the heads of other inter-
ested Federal agencies;
(C) the responsible officials or relevant agency heads of
the appropriate State and local government entities, in-
cluding coastal zone management agencies, that will or
are likely to be affected by the establishment of the area
as a national marine sanctuary;
(D) the appropriate officials of any Regional Fishery
Management Council established by section 302 of the
Magnuson-Stevens Act (16 U.S.C. 1852) that may be af-
fected by the proposed designation; and
(E) other interested persons.
Section 304
[16 U.S.C. 1434 (a)(1)/Section 304(a)(1), Notice, omitted]
(a)(2) The Secretary shall prepare and make available to the
public sanctuary designation documents on the proposal
that include the following:
(A) A draft environmental impact statement pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) A resource assessment that documents—
(i) present and potential uses of the area, including
commercial and recreational fishing, research and
education, minerals and energy development, subsis-
tence uses, and other commercial, governmental, or
recreational uses;
(ii) after consultation with the Secretary of the
Interior, any commercial, governmental, or
recreational resource uses in the areas that are
subject to the primary jurisdiction of the Department
of the Interior; and
16 U.S.C. 1434
Procedures for designation and
implementation
142 Federal Historic Preservation Laws National Marine Sanctuaries Act 142
National Marine Sanctuaries Act
(iii) information prepared in consultation with the
Secretary of Defense, the Secretary of Energy, and
the Administrator of the Environmental Protection
Agency, on any past, present, or proposed future dis-
posal or discharge of materials in the vicinity of the
proposed sanctuary.
Public disclosure by the Secretary of such information shall
be consistent with national security regulations.
(C) A draft management plan for the proposed national
marine sanctuary that includes the following:
(i) The terms of the proposed designation.
(ii) Proposed mechanisms to coordinate existing
regulatory and management authorities within the
area.
(iii) The proposed goals and objectives, management
responsibilities, resource studies, and appropriate
strategies for managing sanctuary resources of the
proposed sanctuary, including interpretation and ed-
ucation, innovative management strategies, research,
monitoring and assessment, resource protection, res-
toration, enforcement, and surveillance activities.
(iv) An evaluation of the advantages of cooperative
State and Federal management if all or part of the
proposed sanctuary is within the territorial limits
of any State or is superjacent to the subsoil and sea-
bed within the seaward boundary of a State, as that
boundary is established under the Submerged Lands
Act (43 U.S.C. 1301 et seq.).
(v) An estimate of the annual cost to the Federal
Government of the proposed designation, including
costs of personnel, equipment and facilities,
enforcement, research, and public education.
(vi) The proposed regulations referred to in para-
graph (1)(A).
National Historic Preservation Act 143
National Marine Sanctuaries Act
(D) Maps depicting the boundaries of the proposed
sanctuary.
(E) The basis for the determinations made under sec-
tion 1443(a) [of Title 16] [section 303(a) of this Act] with
respect to the area.
(F) An assessment of the considerations under section
1433(b)(1) [section 303(b)(1) of this Act].
[Section 1434(a)(3) of Title 16/Section 304(a)(3) of this Act],
Public hearing, omitted]
(4) The terms of designation of a sanctuary shall include
the geographic area proposed to be included within the
sanctuary, the characteristics of the area that give it con-
servation, recreational, ecological, historical, research,
educational, or esthetic value, and the types of activities
that will be subject to regulation by the Secretary to pro-
tect those characteristics. The terms of designation may
be modified only by the same procedures by which the
original designation is made.
[Remainder of paragraph and Subsection 304(b) of the
Act/16 U.S.C. 1434(c)(4) et. seq. omitted]
(c)(1) Nothing in this chapter [of Title 16] [Act] shall be
construed as terminating or granting to the Secretary the
right to terminate any valid lease, permit, license, or right of
subsistence use or of access that is in existence on the date
of designation of any national marine sanctuary.
(2) The exercise of a lease, permit, license, or right is
subject to regulation by the Secretary consistent with the
purposes for which the sanctuary is designated.
(d)(1)(A) Federal agency actions internal or external to a
national marine sanctuary, including private activities au-
thorized by licenses, leases, or permits, that are likely to de-
stroy, cause the loss of, or injure any sanctuary resource are
subject to consultation with the Secretary.
(B) Subject to any regulations the Secretary may estab-
lish each Federal agency proposing an action described
16 U.S.C. 1434(c)
Access and valid rights
16 U.S.C. 1434(b)(1)(A)
Interagency cooperation. Re
view of agency actions.
144 Federal Historic Preservation Laws National Marine Sanctuaries Act 144
National Marine Sanctuaries Act
in subparagraph (A) shall provide the Secretary with a
written statement describing the action and its potential
effects on sanctuary resources at the earliest practicable
time, but in no case later than 45 days before the final
approval of the action unless such Federal agency and
the Secretary agree to a different schedule.
(2) If the Secretary finds that a Federal agency action is
likely to destroy, cause the loss of, or injure a sanctuary
resource, the Secretary shall (within 45 days of receipt
of complete information on the proposed agency action)
recommend reasonable and prudent alternatives, which
may include conduct of the action elsewhere, which
can be taken by the Federal agency in implementing the
agency action that will protect sanctuary resources.
(3) The agency head who receives the Secretary’s
recommended alternatives under paragraph (2) shall
promptly consult with the Secretary on the alternatives.
If the agency head decides not to follow the alternatives,
the agency head shall provide the Secretary with a written
statement explaining the reasons for that decision.
(4) If the head of a Federal agency takes an action other
than an alternative recommended by the Secretary and
such action results in the destruction of, loss of, or injury
to a sanctuary resource, the head of the agency shall
promptly prevent and mitigate further damage and restore
or replace the sanctuary resource in a manner approved
by the Secretary.
(e) Not more than five years after the date of designation of
any national marine sanctuary, and thereafter at intervals
not exceeding five years, the Secretary shall evaluate the
substantive progress toward implementing the management
plan and goals for the sanctuary, especially the effectiveness
of site-specific management techniques and strategies, and
shall revise the management plan and regulations as neces-
sary to fulfill the purposes and policies of this chapter [of
Title 16] [Act]. This review shall include a prioritization of
management objectives.
National Historic Preservation Act 145
National Marine Sanctuaries Act
(f)(1) The Secretary may not publish in the Federal Register
any sanctuary designation notice or regulations proposing
to designate a new sanctuary, unless the Secretary has pub-
lished a finding that—
(A) the addition of a new sanctuary will not have a
negative impact on the System; and
(B) sufficient resources were available in the fiscal year
in which the finding is made to—
(i) effectively implement sanctuary management
plans for each sanctuary in the System; and
(ii) complete site characterization studies and inven-
tory known sanctuary resources, including cultural
resources, for each sanctuary in the System within 10
years after the date that the finding is made if the re-
sources available for those activities are maintained at
the same level for each fiscal year in that 10 year period.
(2) If the Secretary does not submit the findings required
by paragraph (1) before February 1, 2004, the Secretary
shall submit to the Congress before October 1, 2004, a
finding with respect to whether the requirements of sub-
paragraphs (A) and (B) of paragraph (1) have been met by
all existing sanctuaries.
(3) Paragraph (1) does not apply to any sanctuary
designation documents for—
(A) a Thunder Bay National Marine Sanctuary; or
(B) a Northwestern Hawaiian Islands National Marine
Sanctuary.
[Section 1435 of Title 16/Section 305 of this Act, Application
of regulations, international negotiations, and cooperation,
omitted]
146 Federal Historic Preservation Laws National Marine Sanctuaries Act 146
National Marine Sanctuaries Act
Section 306
It is unlawful for any person to—
(1) destroy, cause the loss of, or injure any sanctuary
resource managed under law or regulations for that
sanctuary;
(2) possess, sell, offer for sale, purchase, import, export,
deliver, carry, transport, or ship by any means any sanctu-
ary resource taken in violation of this section;
(3) interfere with the enforcement of this chapter [of Title
16] [Act] by—
(A) refusing to permit any officer authorized to enforce
this chapter [of Title 16] [Act] to board a vessel, other
than a vessel operated by the Department of Defense
or United States Coast Guard, subject to such person’s
control for the purposes of conducting any search or
inspection in connection with the enforcement of this
chapter [of Title 16] [Act];
(B) resisting, opposing, impeding, intimidating, harass-
ing, bribing, interfering with, or forcibly assaulting any
person authorized by the Secretary to implement this
chapter [of Title 16] [Act] or any such authorized officer
in the conduct of any search or inspection performed
under this chapter [of Title 16] [Act]; or
(C) knowingly and willfully submitting false informa-
tion to the Secretary or any officer authorized to en-
force this chapter [of Title 16] [Act] in connection with
any search or inspection conducted under this chapter
[of Title 16] [Act]; or
(4) violate any provision of this chapter [of Title 16] [Act]
or any regulation or permit issued pursuant to this chap-
ter [of Title 16] [Act].
[Sections 1437, 1438, and 1439 of Title 16/Sections 307 and
308 of this Act omitted]
16 U.S.C. 1436
Prohibited activities
National Historic Preservation Act 147
National Marine Sanctuaries Act
Section 309
(a) The Secretary shall conduct, support, or coordinate
research, monitoring, evaluation, and education programs
consistent with subsections (b) and (c) of this section and
the purposes and policies of this chapter [of Title 16] [Act].
(b)(1) The Secretary may—
(A) support, promote, and coordinate research on, and
long-term monitoring of, sanctuary resources and natu-
ral processes that occur in national marine sanctuaries,
including exploration, mapping, and environmental
and socioeconomic assessment;
(B) develop and test methods to enhance degraded
habitats or restore damaged, injured, or lost sanctuary
resources; and
(C) support, promote, and coordinate research on,
and the conservation, curation, and public display of,
the cultural, archeological, and historical resources of
national marine sanctuaries.
(2) The results of research and monitoring conducted,
supported, or permitted by the Secretary under this
subsection shall be made available to the public.
(c)(1) The Secretary may support, promote, and coordinate
efforts to enhance public awareness, understanding, and
appreciation of national marine sanctuaries and the System.
Efforts supported, promoted, or coordinated under this
subsection must emphasize the conservation goals and
sustainable public uses of national marine sanctuaries and
the System.
(2) Activities under this subsection may include education
of the general public, teachers, students, national
marine sanctuary users, and ocean and coastal resource
managers.
(d)(1) The Secretary may develop interpretive facilities near
any national marine sanctuary.
16 U.S.C. 1440
Research, monitoring, and
education
148 Federal Historic Preservation Laws National Marine Sanctuaries Act 148
National Marine Sanctuaries Act
(2) Any facility developed under this subsection must
emphasize the conservation goals and sustainable public
uses of national marine sanctuaries by providing the pub-
lic with information about the conservation, recreational,
ecological, historical, cultural, archeological, scientific,
educational, or esthetic qualities of the national marine
sanctuary.
(e) In conducting, supporting, and coordinating research,
monitoring, evaluation, and education programs under
subsection (a) and developing interpretive facilities under
subsection (d) the Secretary may consult or coordinate
with Federal, interstate, or regional agencies, States or local
governments.
Section 310
(a) The Secretary may issue special use permits which au-
thorize the conduct of specific activities in a national marine
sanctuary if the Secretary determines such authorization is
necessary—
(1) to establish conditions of access to and use of any
sanctuary resource; or
(2) to promote public use and understanding of a
sanctuary resource.
(b) The Secretary shall provide appropriate public notice
before identifying any category of activity subject to a
special use permit under subsection (a) of this section.
(c) A permit issued under this section—
(1) shall authorize the conduct of an activity only if that
activity is compatible with the purposes for which the
sanctuary is designated and with protection of sanctuary
resources;
(2) shall not authorize the conduct of any activity for
a period of more than 5 years unless renewed by the
Secretary;
16 U.S.C. 1441
Special use permits
National Historic Preservation Act 149
National Marine Sanctuaries Act
(3) shall require that activities carried out under the
permit be conducted in a manner that does not destroy,
cause the loss of, or injure sanctuary resources; and
(4) shall require the permittee to purchase and maintain
comprehensive general liability insurance, or post an
equivalent bond, against claims arising out of activities
conducted under the permit and to agree to hold the
United States harmless against such claims.
[Section 1441(d) of this chapter of Title 16/Section 310(d) of
this Act, Fees, omitted]
(e) Upon violation of a term or condition of a permit issued
under this section, the Secretary may—
(1) suspend or revoke the permit without compensation to
the permittee and without liability to the United States;
(2) assess a civil penalty in accordance with section 1437
[of Title 16] [section 307 of this Act]; or
(3) both.
(f) Each person issued a permit under this section shall
submit an annual report to the Secretary not later than
December 31 of each year which describes activities
conducted under that permit and revenues derived from
such activities during the year.
[Remainder of section and the remaining sections of this
chapter of Title 16/Act omitted]
150 Federal Historic Preservation Laws Coastal Zone Management Act 150
Section 302
The Congress finds that—
(a) There is a national interest in the effective management,
beneficial use, protection, and development of the coastal
zone.
(b) The coastal zone is rich in a variety of natural, com-
mercial, recreational, ecological, industrial, and esthetic re-
sources of immediate and potential value to the present and
future well-being of the Nation.
(c) The increasing and competing demands upon the lands
and waters of our coastal zone occasioned by population
growth and economic development, including require-
ments for industry, commerce, residential development,
recreation, extraction of mineral resources and fossil fuels,
transportation and navigation, waste disposal, and harvest-
ing of fish, shellfish, and other living marine resources,
have resulted in the loss of living marine resources, wildlife,
nutrient-rich areas, permanent and adverse changes to eco-
logical systems, decreasing open space for public use, and
shoreline erosion.
(d) The habitat areas of the coastal zone, and the fish, shell-
fish, other living marine resources, and wildlife therein, are
ecologically fragile and consequently extremely vulnerable
to destruction by man’s alterations.
(e) Important ecological, cultural, historic, and esthetic
values in the coastal zone which are essential to the
wellbeing of all citizens are being irretrievably damaged or
lost.
(f) New and expanding demands for food, energy, minerals,
defense needs, recreation, waste disposal, transportation,
and industrial activities in the Great Lakes, territorial sea,
16 U.S.C. 1451
Congressional findings
Coastal Zone Management Act
SELECTIONS: POLICY AND GRANTS
This Act became law on October 27, 1972 (Public Law 92583, 16 U.S.C. 14511456) and
has been amended eight times. This version of the Act follows the organization and
structure of the original document while using the updated language from the U.S.
Code except that it refers to the law as the “Act” rather than to the “subchapter” or the
“title” of the Code. In this law, unless specified to the contrary, “Secretary” refers to the
Secretary of Commerce.
National Historic Preservation Act 151
Coastal Zone Management Act
exclusive economic zone, and Outer Continental Shelf are
placing stress on these areas and are creating the need for
resolution of serious conflicts among important and com-
peting uses and values in coastal and ocean waters.
(g) Special natural and scenic characteristics are being
damaged by ill-planned development that threatens these
values.
(h) In light of competing demands and the urgent need
to protect and to give high priority to natural systems
in the coastal zone, present state and local institutional
arrangements for planning and regulating land and water
uses in such areas are inadequate.
(i) The key to more effective protection and use of the land
and water resources of the coastal zone is to encourage
the states to exercise their full authority over the lands
and waters in the coastal zone by assisting the states, in
cooperation with Federal and local governments and other
vitally affected interests, in developing land and water use
programs for the coastal zone, including unified policies,
criteria, standards, methods, and processes for dealing
with land and water use decisions of more than local
significance.
(j) The national objective of attaining a greater degree of
energy self-sufficiency would be advanced by providing
Federal financial assistance to meet state and local needs re-
sulting from new or expanded energy activity in or affecting
the coastal zone.
(k) Land uses in the coastal zone, and the uses of adjacent
lands which drain into the coastal zone, may significantly af-
fect the quality of coastal waters and habitats, and efforts to
control coastal water pollution from land use activities must
be improved.
(l) Because global warming may result in a substantial
sea level rise with serious adverse effects in the coastal
zone, coastal states must anticipate and plan for such an
occurrence.
152 Federal Historic Preservation Laws Coastal Zone Management Act 152
Coastal Zone Management Act
(m) Because of their proximity to and reliance upon the
ocean and its resources, the coastal states have substantial
and significant interests in the protection, management, and
development of the resources of the exclusive economic
zone that can only be served by the active participation of
coastal states in all Federal programs affecting such resourc-
es and, wherever appropriate, by the development of state
ocean resource plans as part of their federally approved
coastal zone management programs.
Section 303
The Congress finds and declares that it is the national
policy—
(1) to preserve, protect, develop, and where possible, to
restore or enhance, the resources of the Nation’s coastal
zone for this and succeeding generations;
(2) to encourage and assist the states to exercise effec-
tively their responsibilities in the coastal zone through the
development and implementation of management pro-
grams to achieve wise use of the land and water resources
of the coastal zone, giving full consideration to ecological,
cultural, historic, and esthetic values as well as the needs
for compatible economic development, which programs
should at least provide for—
(A) the protection of natural resources, including wet-
lands, floodplains, estuaries, beaches, dunes, barrier
islands, coral reefs, and fish and wildlife and their habi-
tat, within the coastal zone,
(B) the management of coastal development to mini-
mize the loss of life and property caused by improper
development in flood-prone, storm surge, geological
hazard, and erosion-prone areas and in areas likely to
be affected by or vulnerable to sea level rise, land sub-
sidence, and saltwater intrusion, and by the destruction
of natural protective features such as beaches, dunes,
wetlands, and barrier islands,
16 U.S.C. 1452
Congressional declaration of
policy
National Historic Preservation Act 153
Coastal Zone Management Act
(C) the management of coastal development to im-
prove, safeguard, and restore the quality of coastal wa-
ters, and to protect natural resources and existing uses
of those waters,
(D) priority consideration being given to coastal-
dependent uses and orderly processes for siting major
facilities related to national defense, energy, fisheries
development, recreation, ports and transportation, and
the location, to the maximum extent practicable, of
new commercial and industrial developments in or ad-
jacent to areas where such development already exists,
(E) public access to the coasts for recreation purposes,
(F) assistance in the redevelopment of deteriorating
urban waterfronts and ports, and sensitive preservation
and restoration of historic, cultural, and esthetic coastal
features,
(G) the coordination and simplification of procedures
in order to ensure expedited governmental
decisionmaking for the management of coastal
resources,
(H) continued consultation and coordination with, and
the giving of adequate consideration to the views of,
affected Federal agencies,
(I) the giving of timely and effective notification of,
and opportunities for public and local government
participation in, coastal management decisionmaking,
(J) assistance to support comprehensive planning, con-
servation, and management for living marine resources,
including planning for the siting of pollution control
and aquaculture facilities within the coastal zone, and
improved coordination between State and Federal
coastal zone management agencies and State and [sic;
Federal?] wildlife agencies, and
(K) the study and development, in any case in which
the Secretary [of Commerce] considers it to be appro-
154 Federal Historic Preservation Laws Coastal Zone Management Act 154
Coastal Zone Management Act
priate, of plans for addressing the adverse effects upon
the coastal zone of land subsidence and of sea level
rise; and
(3) to encourage the preparation of special area manage-
ment plans which provide for increased specificity in pro-
tecting significant natural resources, reasonable coastal
dependent economic growth, improved protection of life
and property in hazardous areas, including those areas
likely to be affected by land subsidence, sea level rise, or
fluctuating water levels of the Great Lakes, and improved
predictability in governmental decisionmaking;
(4) to encourage the participation and cooperation of the
public, state [sic] and local governments, and interstate
and other regional agencies, as well as of the Federal
agencies having programs affecting the coastal zone, in
carrying out the purposes of this Act;
(5) to encourage coordination and cooperation with and
among the appropriate Federal, State, and local agencies,
and international organizations where appropriate, in col-
lection, analysis, synthesis, and dissemination of coastal
management information, research results, and technical
assistance, to support State and Federal regulation of land
use practices affecting the coastal and ocean resources of
the United States; and
(6) to respond to changing circumstances affecting the
coastal environment and coastal resource management by
encouraging States to consider such issues as ocean uses
potentially affecting the coastal zone.
Section 304
For purposes of this Act—
(1) The term “coastal zone” means the coastal waters
(including the lands therein and thereunder) and the
adjacent shorelands (including the waters therein and
thereunder), strongly influenced by each other and in
proximity to the shorelines of the several coastal states,
and includes islands, transitional and intertidal areas,
16 U.S.C. 1453
Definitions
National Historic Preservation Act 155
Coastal Zone Management Act
salt marshes, wetlands, and beaches. The zone extends,
in Great Lakes waters, to the international boundary be-
tween the United States and Canada and, in other areas,
seaward to the outer limit of State title and ownership un-
der the Submerged Lands Act (43 U.S.C. 1301 et seq.), [the
Puerto Rican Federal Relations Act] the Act of March 2,
1917, 48 U.S.C. 749 [48 U.S.C. 731 et seq.], the Covenant
to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of Amer-
ica, as approved by the Act of March 24, 1976 [48 U.S.C.
1801 et seq.], or section 1 of the Act of November 20, 1963
[submerged lands, Guam, Virgin Island, and American
Samoa] (48 U.S.C. 1705), as applicable. The zone extends
inland from the shorelines only to the extent necessary
to control shorelands, the uses of which have a direct and
significant impact on the coastal waters, and to control
those geographical areas which are likely to be affected by
or vulnerable to sea level rise. Excluded from the coastal
zone are lands the use of which is by law subject solely to
the discretion of or which is held in trust by the Federal
Government, its officers or agents.
[Definitions (2) through (15) omitted]
(16) The term “Secretary” means the Secretary of Com-
merce.
[Remainder of Section 304 omitted]
Section 305
Any coastal state which has completed the development of
its management program shall submit such program to the
Secretary for review and approval pursuant to section 306
of this Act [16 U.S.C. 1455].
Section 306
[Subsections 306(a), (b), and (c) omitted]
(d) Before approving a management program submitted by
a coastal state, the Secretary shall find the following:
16 U.S.C. 1454
Submittal of State program for
approval
16 U.S.C. 1455
Administrative grants
156 Federal Historic Preservation Laws Coastal Zone Management Act 156
Coastal Zone Management Act
(1) The State has developed and adopted a management
program for its coastal zone in accordance with rules and
regulations promulgated by the Secretary, after notice,
and with the opportunity of full participation by relevant
Federal agencies, State agencies, local governments,
regional organizations, port authorities, and other inter-
ested parties and individuals, public and private, which
is adequate to carry out the purposes of this Act and is
consistent with the policy declared in section 303 of this
Act [16 U.S.C. 1452].
(2) The management program includes each of the fol-
lowing required program elements:
(A) An identification of the boundaries of the coastal
zone subject to the management program.
(B) A definition of what shall constitute permissible
land uses and water uses within the coastal zone which
have a direct and significant impact on the coastal
waters.
(C) An inventory and designation of areas of particular
concern within the coastal zone.
(D) An identification of the means by which the State
proposes to exert control over the land uses and
water uses referred to in subparagraph (B), including
a list of relevant State constitutional provisions, laws,
regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in particular
areas, including specifically those uses of lowest
priority.
(F) A description of the organizational structure
proposed to implement such management program,
including the responsibilities and interrelationships of
local, areawide, State, regional, and interstate agencies
in the management process.
(G) A definition of the term “beach” and a planning
process for the protection of, and access to, public
National Historic Preservation Act 157
Coastal Zone Management Act
beaches and other public coastal areas of environmen-
tal, recreational, historical, esthetic, ecological, or cul-
tural value.
(H) A planning process for energy facilities likely to be
located in, or which may significantly affect, the coastal
zone, including a process for anticipating the manage-
ment of the impacts resulting from such facilities.
(I) A planning process for assessing the effects of, and
studying and evaluating ways to control, or lessen the
impact of, shoreline erosion, and to restore areas ad-
versely affected by such erosion.
(3) The State has—
(A) coordinated its program with local, areawide, and
interstate plans applicable to areas within the coastal
zone—
(i) existing on January 1 of the year in which the
State’s management program is submitted to the
Secretary; and
(ii) which have been developed by a local
government, an areawide agency, a regional agency,
or an interstate agency; and
(B) established an effective mechanism for continuing
consultation and coordination between the
management agency designated pursuant to paragraph
(6) and with local governments, interstate agencies,
regional agencies, and areawide agencies within the
coastal zone to assure the full participation of those
local governments and agencies in carrying out the
purposes of this Act; except that the Secretary shall not
find any mechanism to be effective for purposes of this
subparagraph unless it requires that—
(i) the management agency, before implementing any
management program decision which would conflict
with any local zoning ordinance, decision, or other
action, shall send a notice of the management pro-
158 Federal Historic Preservation Laws Coastal Zone Management Act 158
Coastal Zone Management Act
gram decision to any local government whose zoning
authority is affected;
(ii) within the 30-day period commencing on the date
of receipt of that notice, the local government may
submit to the management agency written comments
on the management program decision, and any
recommendation for alternatives; and
(iii) the management agency, if any comments are
submitted to it within the 30-day period by any local
government—
(I) shall consider the comments;
(II) may, in its discretion, hold a public hearing on
the comments; and
(III) may not take any action within the 30-day
period to implement the management program
decision.
(4) The State has held public hearings in the development
of the management program.
(5) The management program and any changes thereto
have been reviewed and approved by the Governor of the
State.
(6) The Governor of the State has designated a single
State agency to receive and administer grants for imple-
menting the management program.
(7) The State is organized to implement the management
program.
(8) The management program provides for adequate con-
sideration of the national interest involved in planning
for, and managing the coastal zone, including the siting of
facilities such as energy facilities which are of greater than
local significance. In the case of energy facilities, the Secre-
tary shall find that the State has given consideration to any
applicable national or interstate energy plan or program.
National Historic Preservation Act 159
Coastal Zone Management Act
(9) The management program includes procedures
whereby specific areas may be designated for the purpose
of preserving or restoring them for their conservation,
recreational, ecological, historical, or esthetic values.
(10) The State, acting through its chosen agency or
agencies (including local governments, areawide agencies,
regional agencies, or interstate agencies) has authority for
the management of the coastal zone in accordance with
the management program. Such authority shall include
power—
(A) to administer land use and water use regulations to
control development, to ensure compliance with the
management program, and to resolve conflicts among
competing uses; and
(B) to acquire fee simple and less than fee simple
interests in land, waters, and other property through
condemnation or other means when necessary to
achieve conformance with the management program.
(11) The management program provides for any one or
a combination of the following general techniques for
control of land uses and water uses within the coastal
zone:
(A) State establishment of criteria and standards for
local implementation, subject to administrative review
and enforcement.
(B) Direct State land and water use planning and
regulation.
(C) State administrative review for consistency with
the management program of all development plans,
projects, or land and water use regulations, including
exceptions and variances thereto, proposed by any
State or local authority or private developer, with power
to approve or disapprove after public notice and an
opportunity for hearings.
160 Federal Historic Preservation Laws Coastal Zone Management Act 160
Coastal Zone Management Act
(12) The management program contains a method of as-
suring that local land use and water use regulations within
the coastal zone do not unreasonably restrict or exclude
land uses and water uses of regional benefit.
(13) The management program provides for—
(A) the inventory and designation of areas that contain
one or more coastal resources of national significance;
and
(B) specific and enforceable standards to protect such
resources.
(14) The management program provides for public
participation in permitting processes, consistency
determinations, and other similar decisions.
(15) The management program provides a mechanism to
ensure that all State agencies will adhere to the program.
(16) The management program contains enforceable
policies and mechanisms to implement the applicable
requirements of the Coastal Nonpoint Pollution Control
Program of the State required by section 306(b) of this
Act [16 U.S.C. 1455(b)].
[Section 306(e), Amendment or modification of State
management program for coastal zone, omitted]
Section 307
(a) In carrying out his functions and responsibilities under
this Act, the Secretary shall consult with, cooperate with,
and, to the maximum extent practicable, coordinate his ac-
tivities with other interested Federal agencies.
(b) The Secretary shall not approve the management
program submitted by a state pursuant to section 306 of
this Act [16 U.S.C. 1455] unless the views of Federal agencies
principally affected by such program have been adequately
considered.
16 U.S.C. 1456
Coordination and cooperation
of Federal Agencies
National Historic Preservation Act 161
Coastal Zone Management Act
(c)(1)(A) Each Federal agency activity within or outside the
coastal zone that affects any land or water use or natural re-
source of the coastal zone shall be carried out in a manner
which is consistent to the maximum extent practicable with
the enforceable policies of approved State management
programs. A Federal agency activity shall be subject to this
paragraph unless it is subject to paragraph (2) or (3).
[Paragraph (c)(1)(B), Court decisions and Presidential ex-
emptions from compliance, omitted]
(C) Each Federal agency carrying out an activity
subject to paragraph (1) shall provide a consistency
determination to the relevant State agency designated
under section 306(d)(6) of this Act [16 U.S.C. 1455(d)
(6)] at the earliest practicable time, but in no case
later than 90 days before final approval of the Federal
activity unless both the Federal agency and the State
agency agree to a different schedule.
[Paragraph (c)(2) omitted]
(3)(A) After final approval by the Secretary of a state’s
management program, any applicant for required Federal
license or permit to conduct an activity, in or outside of
the coastal zone, affecting any land or water use or natu-
ral resource of the coastal zone of that state shall provide
in the application to the licensing or permitting agency
a certification that the proposed activity complies with
the enforceable policies of the state’s approved program
and that such activity will be conducted in a manner
consistent with the program. At the same time, the ap-
plicant shall furnish to the state or its designated agency
a copy of the certification, with all necessary information
and data. Each coastal state shall establish procedures for
public notice in the case of all such certifications and, to
the extent it deems appropriate, procedures for public
hearings in connection therewith. At the earliest practi-
cable time, the state or its designated agency shall notify
the Federal agency concerned that the state concurs with
or objects to the applicant’s certification. If the state or
its designated agency fails to furnish the required notifi-
162 Federal Historic Preservation Laws Coastal Zone Management Act 162
Coastal Zone Management Act
cation within six months after receipt of its copy of the
applicant’s certification, the state’s concurrence with the
certification shall be conclusively presumed. No license
or permit shall be granted by the Federal agency until
the state or its designated agency has concurred with the
applicant’s certification or until, by the state’s failure to
act, the concurrence is conclusively presumed, unless the
Secretary, on his own initiative or upon appeal by the ap-
plicant, finds after providing a reasonable opportunity for
detailed comments from the Federal agency involved and
from the state, that the activity is consistent with the ob-
jectives of this Act or is otherwise necessary in the inter-
est of national security.
[Remainder of subsection (c) omitted]
(d) State and local governments submitting applications
for Federal assistance under other Federal programs, in or
outside of the coastal zone, affecting any land or water use
of [sic; probably should be “or”] natural resource of the
coastal zone shall indicate the views of the appropriate state
or local agency as to the relationship of such activities to
the approved management program for the coastal zone.
Such applications shall be submitted and coordinated in
accordance with the provisions of Title IV of the Intergov-
ernmental Cooperation Act of 1968 as amended [31 U.S.C.
6506]. Federal agencies shall not approve proposed proj-
ects that are inconsistent with the enforceable policies of a
coastal state’s management program, except upon a finding
by the Secretary that such project is consistent with the
purposes of this Act or necessary in the interest of national
security.
(e) Nothing in this Act shall be construed—
(1) to diminish either Federal or state jurisdiction, respon-
sibility, or rights in the field of planning, development, or
control of water resources, submerged lands, or navigable
waters; nor to displace, supersede, limit, or modify any
interstate compact or the jurisdiction or responsibility of
any legally established joint or common agency of two
or more states or of two or more states and the Federal
National Historic Preservation Act 163
Coastal Zone Management Act
Government; nor to limit the authority of Congress to au-
thorize and fund projects;
(2) as superseding, modifying, or repealing existing laws
applicable to the various Federal agencies; nor to affect
the jurisdiction, powers, or prerogatives of the Interna-
tional Joint Commission, United States and Canada, the
Permanent Engineering Board, and the United States op-
erating entity or entities established pursuant to the Co-
lumbia River Basin Treaty, signed at Washington, January
17, 1961, or the International Boundary and Water Com-
mission, United States and Mexico.
[Subsection (f) omitted]
(g) When any state’s coastal zone management program,
submitted for approval or proposed for modification
pursuant to section 306 of this Act [16 U.S.C. 1455], includes
requirements as to shorelands which also would be subject
to any Federally supported national land use program
which may be hereafter enacted, the Secretary, prior to
approving such program, shall obtain the concurrence of
the Secretary of the Interior, or such other Federal official
as may be designated to administer the national land use
program, with respect to that portion of the coastal zone
management program affecting such inland areas.
[Remainder of Section 307 and all of Section 308 omitted]
Section 309
(a) For purposes of this section, the term “coastal zone
enhancement objective” means any of the following objec-
tives:
(1) Protection, restoration, or enhancement of the existing
coastal wetlands base, or creation of new coastal wet-
lands.
(2) Preventing or significantly reducing threats to life and
destruction of property by eliminating development and
redevelopment in high-hazard areas, managing develop-
ment in other hazard areas, and anticipating and manag-
16 U.S.C. 1456b
Coastal zone enhancement
grants
164 Federal Historic Preservation Laws Coastal Zone Management Act 164
Coastal Zone Management Act
ing the effects of potential sea level rise and Great Lakes
level rise.
(3) Attaining increased opportunities for public access,
taking into account current and future public access
needs, to coastal areas of recreational, historical, aesthet-
ic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation’s coastal
and ocean environment by managing uses and activities
that contribute to the entry of such debris.
(5) Development and adoption of procedures to assess,
consider, and control cumulative and secondary impacts
of coastal growth and development, including the col-
lective effect on various individual uses or activities on
coastal resources, such as coastal wetlands and fishery
resources.
(6) Preparing and implementing special area management
plans for important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies
to help facilitate the siting of energy facilities and
Government facilities and energy-related activities and
Government activities which may be of greater than local
significance.
(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture
facilities in the coastal zone, which will enable States to
formulate, administer, and implement strategic plans for
marine aquaculture.
(b)(1) Subject to the limitations and goals established in this
section, the Secretary may make grants to coastal states to
provide funding for development and submission for Fed-
eral approval of program changes that support attainment of
one or more coastal zone enhancement objectives.
(2)(A) In addition to any amounts provided under
section 306 of this Act [16 U.S.C. 1455], and subject to the
National Historic Preservation Act 165
Coastal Zone Management Act
availability of appropriations, the Secretary may make
grants under this subsection to States for implementing
program changes approved by the Secretary in
accordance with section 306(e) of this Act [16 U.S.C.
1455(e)].
(B) Grants under this paragraph to implement a pro-
gram change may not be made in any fiscal year after
the second fiscal year that begins after the approval of
that change by the Secretary.
[Remainder of the Act omitted]
166 Federal Historic Preservation Laws Amtrak Improvement Act 166
Section 4(i)
(1) RequiReMents to pRoVide assistanCe.— The Secretary
of Transportation shall provide financial, technical, and
advisory assistance under this chapter [Act] to—
(A) promote, on a feasibility demonstration basis, the
conversion of at least 3 rail passenger terminals into in-
termodal transportation terminals;
(B) preserve rail passenger terminals that reasonably are
likely to be converted or maintained pending prepara-
tion of plans for their reuse;
(C) acquire and use space in suitable buildings of his-
toric or architectural significance but only if use of the
space is feasible and prudent when compared to avail-
able alternatives; and
(D) encourage State and local governments, local and
regional transportation authorities, common carriers,
philanthropic organizations, and other responsible
persons to develop plans to convert rail passenger
terminals into intermodal transportation terminals and
civic and cultural activity centers.
(2) authoRity to pRoVide assistanCe.— The Secretary of
Transportation may provide financial assistance to con-
vert a rail passenger terminal to an intermodal transporta-
tion terminal under section 5562(a)(1) of this title [title 49]
[section 4(i)(1) of this Act] only if—
(A) the terminal can be converted to accommodate
other modes of transportation the Secretary of Trans-
portation decides are appropriate, including—
(i) motorbus transportation;
49 U.S.C. 5562,
Terminal assistance Projects
49 U.S.C. 5562(a),
Requirements to provide
assistance
49 U.S.C. 5562(a)(1)(4), Pur
poses
49 U.S.C. 5563
Conversion of certain rail
passenger terminals
49 U.S.C. 5563(a)
Authority to provide assistance
Department of Transportation Act
SECTION 4(I) – AMTRAK IMPROVEMENT ACT
The Amtrak Improvement Act became law on October 28, 1974 (Public Law 93496, 49
U.S.C. 55615567, formerly 49 U.S.C. 1653i) as an amendment to the Department of
Transportation Act (Public Law 89670). It has been amended seven times. This version of
the Act follows the organization and structure of the original document while using the
updated language from the U.S. Code. In this law, unless specified to the contrary, “Sec
retary” refers to the Secretary of Transportation.
National Historic Preservation Act 167
Amtrak Improvement Act
(ii) mass transit (rail or rubber tire); and
(iii) airline ticket offices and passenger terminals pro-
viding direct transportation to area airports;
(B) the terminal is listed on the National Register of
Historic Places maintained by the Secretary of the In-
terior;
(C) the architectural integrity of the terminal will be
preserved;
(D) to the extent practicable, the use of the terminal
facilities for transportation may be combined with use
of those facilities for other civic and cultural activities,
especially when another activity is recommended by—
(i) the Advisory Council on Historic Preservation;
(ii) the Chairman of the National Endowment for the
Arts; or
(iii) consultants retained under subsection(b) of this
section; and
(E) the terminal and the conversation project meet
other criteria prescribed by the Secretary of Transpor-
tation after consultation with the Council [Advisory
Council on Historic Preservation] and the Chairman
[of the National Endowment of the Arts].
aRChiteCtuRal integRity.— The Secretary of Transporta-
tion must employ consultants on whether the architectural
integrity of the rail passenger terminal will be preserved
under subsection (a)(3) [of Title 49] [subsection (i)(1)(C) of
this section of the Act]. The Secretary may decide that the
architectural integrity will be preserved only if the consul-
tants concur. The Council and Chairman shall recommend
consultants to be employed by the Secretary. The consul-
tants also may make recommendations referred to in sub-
section [49 U.S.C. 5563] (A)(4) of this section [of Title 49]
[subsection (i)(1)(D) of this Act].
49 U.S.C. 5563(b),
Architectural integrity
168 Federal Historic Preservation Laws Amtrak Improvement Act 168
Amtrak Improvement Act
goVeRnMent’s shaRe of Costs.— The Secretary of Trans-
portation may not make a grant under this section for more
than 80 percent of the total cost of converting a rail passen-
ger terminal into an intermodal transportation terminal.
(3)(A) geneRal authoRity.— Subject to subsection (b)
of this section [of Title 49] [paragraph (B) of this section
of the Act], the Secretary of Transportation may make
a grant of financial assistance to a responsible person
(including a governmental authority) to preserve a rail
passenger terminal under section 5562(a)(2) [of Title 49]
[section 4(i)(1)(B) of this Act]. To receive assistance under
this section, the person must be qualified, prepared, com-
mitted, and authorized by law to maintain (and prevent
the demolition, dismantling, or further deterioration of)
the terminal until plans for its reuse are prepared.
(B) gRant RequiReMents.— The Secretary of Transpor-
tation may make a grant of financial assistance under
this section only if—
(i) the Secretary decides the rail passenger terminal
has a reasonable likelihood of being converted to, or
conditioned for reuse as, an intermodal transporta-
tion terminal, a civic or cultural activities center, or
both; and
(ii) planning activity directed toward conversion or
reuse has begun and is proceedings in a competent
way.
(C)(i) MaxiMizing pReseRVation of teRMinals.—
Amounts appropriated to carry out this section and
section 5562(a)(2) of this title [Title 49] [section 4(i)(1)
(B) of this Act] shall be expended in the way most likely
to maximize the preservation of rail passenger termi-
nals that are—
(I) reasonably capable of conversion to intermodal
transportation terminals;
(II) listed in the National Register of Historic
Places maintained by the Secretary of Interior; or
49 U.S.C. 5563(c),
Government’s share of costs
49 U.S.C. 5564,
Interim preservation of certain
rail passenger terminals
49 U.S.C. 5564(a),
General grant authority
49 U.S.C. 5564(b),
Grant requirements
49 U.S.C. 5564(c),
Maximizing preservation of
terminals
National Historic Preservation Act 169
Amtrak Improvement Act
(III) recommended (on the basis of architectural
integrity and quality) by the Advisory Council on
Historic Preservation or the Chairman of the Na-
tional Endowment for the Arts.
(ii) The Secretary of Transportation may not make a
grant under this section for more than 80 percent of
the total cost of maintaining the terminal for an in-
terim period of not more than 5 years.
(4) aCquiRing spaCe.— The Secretary may acquire space
under subsection (a)(3) of this section [of Title 49] [sec-
tion (1)(c) of this Act] only after consulting with the Advi-
sory Council on Historic Preservation and the Chairman
of the National Endowment for the Arts.
(5)(A) geneRal gRant authoRity.— The Secretary of
Transportation may make a grant of financial assistance to
a qualified person (including a governmental authority) to
encourage the development of plans for converting a rail
passenger terminal under section 5562(a)(4) [of Title 49]
[section 4(i)(1)(D) of this Act]. To receive assistance under
this section, the person must—
(i) be prepared to develop practicable plans that meet
zoning, land use, and other requirements of the ap-
plicable State and local jurisdictions in which the
terminal is located;
(ii) incorporate into the designs and plans proposed
for converting the terminal, features that reasonably
appear likely to attract private investors willing to
carry out the planned conversion and its subsequent
maintenance and operation; and
(iii) complete the designs and plans for the
conversion within the period of time prescribed by
the Secretary.
(B) pRefeRenCe.— In making a grant under this section,
the Secretary of Transportation shall give preferential
consideration to an applicant whose completed designs
*49 U.S.C. 5562(c)
Consultation
49 U.S.C. 5565
Encouraging the development
of plans for converting certain
rail passenger terminals
49 U.S.C. 5565(a)
General grant authority
49 U.S.C. 5565(b)
Preference
170 Federal Historic Preservation Laws Amtrak Improvement Act 170
Amtrak Improvement Act
and plans will be carried out within 3 years after their
completion.
(C)(i) MaxiMizing ConVeRsion and publiC use.—
Amounts appropriated to carry out section 5562(a)
(4) [of Title 49] [section 4(i)(1)(D) of this Act] shall
be expended in the way most likely to maximize the
conversion and continued public use of rail passenger
terminals that are—
(I) listed in the National Register of Historic Places
maintained by the Secretary of Interior; or
(II) recommended (on the basis of architectural
integrity and quality) by the Advisory Council on
Historic Preservation or the Chairman of the Na-
tional Endowment for the Arts.
(ii) The Secretary of Transportation may not make a
grant under this section for more than 80 percent of
the total cost of the project for which the financial
assistance is provided.
[Subsection 4(i)(6) omitted]
(7) Amtrak shall give preference to the use of rail pas-
senger terminal facilities that will preserve buildings of
historic or architectural significance.
[Subsections 4(i)(8) and (9) omitted]
(10) In this chapter [Act], “civic and cultural activities”
includes libraries, musical and dramatic presentations, art
exhibits, adult education programs, public meeting plac-
es, and other facilities for carrying on an activity any part
of which is supported under a law of the United States.
(11) effeCts on eligibility.— This chapter [Act] does not
affect the eligibility of any rail passenger terminal for
preservation or reuse assistance under another program
or law.
[Remainder of Act omitted]
49 U.S.C. 5565(c),
Maximizing conversion and
continued public use
49 U.S.C. 5567,
Amtrak use, preference for
preserving buildings of historic
or architectural significance
49 U.S.C. 5561
Definition
*49 U.S.C. 5562(b)
Effects on eligibility
Mining in the National Parks Act 171
Section 9
(a) [In the original Act] When the Secretary [of the Interior]
finds on the Secretary’s own motion or on being notified in
writing by an appropriate scientific, historical, or archeo-
logical authority that a district, site, building, structure,
or object that has been found to be nationally significant
in illustrating natural history or the history of the United
States and that has been designated as a natural or historic
landmark may be irreparably lost or destroyed in whole or
in part by any surface mining activity, including exploration
for or removal or production of minerals or materials, the
Secretary shall notify the person conducting the activity
and submit a report on the findings or notification, includ-
ing the basis for the Secretary’s finding that the activity may
cause irreparable loss or destruction of a national landmark,
to the Advisory Council on Historic Preservation, with a
request for advice of the Council as to alternative measures
that may be taken by the United States to mitigate or abate
the activity.
[remainder of Act omitted]
54 U.S.C. 100734
Report on finding or notifica
tion of potential damage to
natural and historical landmarks
Mining in the National Parks Act
SECTION 9
This Act became law on September 28, 1976 (Public Law 94429; 16 U.S.C. 1908). It has
been amended once, with the creation of title 54. This version of the Act follows the
organization and structure of the original document while using the updated language
from the U.S. Code. In 2014, Congress reorganized all laws regarding the National Park
Service, including this Act, by moving them to Title 54 of the U.S. Code. For more infor
mation about this change and how it affects this document, please see the Editor’s Note
on Title 54 in the front of this book. In this law, unless specified to the contrary, “Secre
tary” refers to the Secretary of the Interior.
172 Federal Historic Preservation Laws
Section 102
(a) definitions.— In this section-
(1) CoMMeRCial aCtiVities.— The term “commercial activi-
ties” includes the operations of restaurants, food stores,
craft stores, dry goods stores, financial institutions, and
display facilities.
(2) CultuRal aCtiVities.— The term “cultural activities”
includes film, dramatic, dance, and musical presentations,
and fine art exhibits, whether or not those activities are
intended to make a profit.
(3) eduCational aCtiVities.— The terms [sic. probably
should be “term”] “educational activities” includes the
operations of libraries, schools, day care centers, labora-
tories, and lecture and demonstration facilities.
(4) histoRiCal, aRChiteCtuRal, oR CultuRal signifi-
CanCe.— The term “historical, architectural, or cultural
significance” includes buildings listed or eligible to be
listed on the National Register established under chapter
3021 of title 54 [the National Historic Preservation Act].
(5) ReCReational aCtiVities.— The term “recreational
activities” includes the operations of gymnasiums and
related facilities.
(6) unit of geneRal loCal goVeRnMent.— The term “unit
of general local government” means a city, county, town,
parish, village, or other general-purpose political subdivi-
sion of a State.
(b) duties of adMinistRatoR.— In order to carry out the du-
ties of the Administrator of General Services under sections
581(h), 584(b), 3303(c), 3307(b)(3), and 3307(b)(5) [of Title
40] [under this Act] and under any other authority with re-
spect to constructing, operating, maintaining, altering, and
otherwise managing or acquiring space necessary to accom-
modate Federal agencies and to accomplish the purposes of
40 U.S.C. 3306
General Services Administration
use of historically and
architecturally significant
buildings
Public Buildings Cooperative Use Act
This Act became law on October 18, 1976 (Public Law 94541, 40 U.S.C. 3306). This ver
sion of the Act follows the organization and structure of the original document while
using the updated language from the U.S. Code. In this law, unless specified to the con
trary, “Secretary” refers to the Secretary of the Interior.
Public Buildings Cooperative Use Act 173
Public Buildings Cooperative Use Act
sections 581(h), 584(b), 3303(c), 3307(b)(3), and 3307(b)(5),
the Administrator [of the General Services Administration]
shall—
(1) acquire and utilize space in suitable buildings of his-
toric, architectural, or cultural significance, unless use of
such space would not prove feasible and prudent com-
pared with available alternatives;
(2) encourage the location of commercial, cultural,
educational, and recreational facilities and activities
within public buildings;
(3) provide and maintain space, facilities, and activities,
to the extent practicable, which encourage public access
to and stimulate public pedestrian traffic around, into,
and through, public buildings, permitting cooperative
improvements to and uses of the area between the build-
ing and the street, so that such activities complement and
supplement commercial, cultural, educational, and rec-
reational resources in the neighborhood of public build-
ings; and
(4) encourage the public use of public buildings for
cultural, educational, and recreational activities.
(c) Consultation and soliCitation of CoMMents.— In car-
rying out his duties under subsection (a) of this section,
the Administrator [of the General Services Administration]
shall—
(1) consult with Chief executive officers of the states, area-
wide agencies established pursuant to title 2 of the Dem-
onstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3331 et seq.) and section 6506 of title 31
[the Intergovernmental Cooperation Act of 1968], and
chief executive officers of those units of general local gov-
ernment in each area served by an existing or proposed
public building; and
(2) solicit the comments of other community leaders and
members of the general public as the Administrator [of the
General Services Administration] considers appropriate.
174 Federal Historic Preservation Laws
Section 1
On and after August 11, 1978, it shall be the policy of the
United States to protect and preserve for American Indi-
ans their inherent right of freedom to believe, express, and
exercise the traditional religions of the American Indian,
Eskimo, Aleut, and Native Hawaiians, including but not
limited to access to sites, use and possession of sacred ob-
jects, and the freedom to worship through ceremonials and
traditional rites.
Section 2
The President shall direct the various Federal departments,
agencies, and other instrumentalities responsible for ad-
ministering relevant laws to evaluate their policies and
procedures in consultation with native traditional religious
leaders in order to determine appropriate changes neces-
sary to protect and preserve Native American religious
cultural rights and practices. Twelve months after August 11,
1978, the President shall report back to Congress the results
of his evaluation, including any changes which were made
in administrative policies and procedures, and any recom-
mendations he may have for legislative action.
* One of the changes in administrative policy and procedure
was executive order 13007, Indian Sacred Sites.
Legislative Notes
[The Executive Order below is a major administrative direc-
tive to implement the American Indian Religious Freedom
Act].
By the authority vested in me as President by the Constitu-
tion and the laws of the United States, in furtherance of
Federal treaties, and in order to protect and preserve Indian
religious practices, it is hereby ordered:
SECTION 1.Accomodation [sic] of Sacred Sites. (a) In man-
aging Federal lands, each executive branch agency with stat-
42 U.S.C. 1996,
Protection and preservation of
traditional religions of Native
Americans
42 U.S.C. 1996 note,
Federal implementation of pro
tective and preservation func
tions relating to Native Ameri
can religious cultural rights and
practices; Presidential report to
Congress. This language comes
from section 2 of Pub. Law 95
341 to which the note in 42 USC
1996 resets
American Indian Religious Freedom Act
This Act became law on August 11, 1978 (Public Law 95341, 42 U.S.C. 1996) and has been
amended once. This version of the Act follows the organization and structure of the orig
inal document while using the updated language from the U.S. Code. In this law, unless
specified to the contrary, “Secretary” refers to the Secretary of the Interior.
National Historic Preservation Act 175
utory or administrative responsibility for the management
of Federal lands shall, to the extent practicable, permitted
by law, and not clearly inconsistent with essential agency
functions, (1) accomodate [sic] access to and ceremonial use
of Indian sacred sites by Indian religious practitioners and
(2) avoid adversely affecting the physical integrity of such
sacred sites. Where appropriate, agencies shall maintain the
confidentiality of sacred sites.
(b) For purposes of this order:
(i) “Federal lands” means any land or interests in land
owned by the United States, including leasehold interests
held by the United States, except Indian trust lands;
(ii) “Indian tribe” means an Indian or Alaska Native tribe,
band, nation, pueblo, village, or community that the Secre-
tary of the Interior acknowledges to exist as an Indian tribe
pursuant to Public Law No. 103-454, 108 Stat. 4791, and “In-
dian” refers to a member of such an Indian tribe; and
(iii) “Sacred site” means any specific, discrete, narrowly de-
lineated location on Federal land that is identified by an In-
dian tribe, or Indian individual determined to be an appro-
priately authoritative representative of an Indian religion,
as sacred by virtue of its established religious significance
to, or ceremonial use by, an Indian religion; provided that
the tribe or appropriately authoritative representative of an
Indian religion has informed the agency of the existence of
such a site.
SEC. 2. Procedures. (a) Each executive branch agency with
statutory or administrative responsibility for the manage-
ment of Federal lands shall, as appropriate, promptly imple-
ment procedures for the purposes of carrying out the provi-
sions of section 1 of this order, including, where practicable
and appropriate, procedures to ensure reasonable notice
is provided of proposed actions or land management poli-
cies that may restrict future access to or ceremonial use of,
or adversely affect the physical integrity of, sacred sites. In
all actions pursuant to this section, agencies shall comply
with the Executive memorandum of April 29, 1994, “Gov-
American Indian Religious Freedom Act
176 Federal Historic Preservation Laws
American Indian Religious Freedom Act
ernment-to-Government Relations with Native American
Tribal Governments.”
(b) Within 1 year of the effective date of this order, the head
of each executive branch agency with statutory or adminis-
trative responsibility for the management of Federal lands
shall report to the President, through the Assistant to the
President for Domestic Policy, on the implementation of
this order. Such reports shall address, among other things,
(i) any changes necessary to accomodate [sic] access to
and ceremonial use of Indian sacred sites; (ii) any changes
necessary to avoid adversely affecting the physical integrity
of Indian sacred sites; and (iii) procedures implemented or
proposed to facilitate consultation with appropriate Indian
tribes and religious leaders and the expeditious resolution
of disputes relating to agency action on Federal lands that
may adversely affect access to, ceremonial use of, or the
physical integrity of sacred sites.
SEC. 3. Nothing in this order shall be construed to require
a taking of vested property interests. Nor shall this order
be construed to impair enforceable rights to use of Federal
lands that have been granted to third parties through final
agency action. For purposes of this order, “agency action”
has the same meaning as in the Administrative Procedures
Act (5 U.S.C.551(13).
SEC. 4. This order is intended only to improve the internal
management of the executive branch and is not intended to,
nor does it, create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by
any party against the United States, its agencies officers, or
any person.
[SIGNED] WILLIAM J. CLINTON
Archaeological Resources Protection Act 177
Section 2
(a) The Congress finds that—
(1) archaeological resources on public lands and Indian
lands are an accessible and irreplaceable part of the Na-
tion’s heritage;
(2) these resources are increasingly endangered because
of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protec-
tion to prevent the loss and destruction of these archaeo-
logical resources and sites resulting from uncontrolled
excavations and pillage; and
(4) there is a wealth of archaeological information which
has been legally obtained by private individuals for non-
commercial purposes and which could voluntarily be
made available to professional archaeologists and institu-
tions.
(b) The purpose of this chapter [of Title 16] [Act] is to se-
cure, for the present and future benefit of the American
people, the protection of archaeological resources and
sites which are on public lands and Indian lands, and to
foster increased cooperation and exchange of informa-
tion between governmental authorities, the professional
archaeological community, and private individuals having
collections of archaeological resources and data which were
obtained before October 31, 1979 [the date of the enactment
of this Act].
Section 3
As used in this chapter [of Title 16] [Act]—
(1) the term “archaeological resource” means any mate-
rial remains of past human life or activities which are of
archaeological interest, as determined under uniform
regulations promulgated pursuant to this chapter [of Title
16 U.S.C. 470aa
Findings and purpose
16 U.S.C. 470bb
Definitions
Archaeological Resources Protection Act
This Act became law on October 31, 1979 (Public Law 9695; 16 U.S.C. 470aamm), and
has been amended four times. This version of the Act follows the organization and struc
ture of the original document while using the updated language from the U.S. Code.
178 Federal Historic Preservation Laws
Archaeological Resources Protection Act
16] [Act]. Such regulations containing such determina-
tion shall include, but not be limited to: pottery, basketry,
bottles, weapons, weapon projectiles, tools, structures or
portions of structures, pit houses, rock paintings, rock
carvings, intaglios, graves, human skeletal materials, or
any portion or piece of any of the foregoing items. Non-
fossilized and fossilized paleontological specimens, or
any portion or piece thereof, shall not be considered ar-
chaeological resources, under the regulations under this
paragraph, unless found in an archaeological context. No
item shall be treated as an archaeological resource under
regulations under this paragraph unless such item is at
least 100 years of age.
(2) The term “Federal land manager” means, with respect
to any public lands, the Secretary of the department, or
the head of any other agency or instrumentality of the
United States, having primary management authority over
such lands. In the case of any public lands or Indian lands
with respect to which no department, agency, or instru-
mentality has primary management authority, such term
means the Secretary of the Interior. If the Secretary of
the Interior consents, the responsibilities (in whole or in
part) under this chapter [of Title 16] [Act] of the Secretary
of any department (other than the Department of the
Interior) or the head of any other agency or instrumental-
ity may be delegated to the Secretary of the Interior with
respect to any land managed by such other Secretary or
agency head, and in any such case, the term “Federal land
manager” means the Secretary of the Interior.
(3) The term “public lands” means—
(A) lands which are owned and administered by the
United States as part of—
(i) the national park system,
(ii) the national wildlife refuge system, or
(iii) the national forest system; and
Archaeological Resources Protection Act 179
Archaeological Resources Protection Act
(B) all other lands the fee title to which is held by the
United States, other than lands on the Outer Continen-
tal Shelf and lands which are under the jurisdiction of
the Smithsonian Institution.
(4) The term “Indian lands” means lands of Indian tribes,
or Indian individuals, which are either held in trust by the
United States or subject to a restriction against alienation
imposed by the United States, except for any subsurface
interests in lands not owned or controlled by an Indian
tribe or an Indian individual.
(5) The term “Indian tribe” means any Indian tribe, band,
nation, or other organized group or community, including
any Alaska Native village or regional or village corpora-
tion as defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (85 Stat. 688), [43 U.S.C.
1601 et seq.].
(6) The term “person” means an individual, corporation,
partnership, trust, institution, association, or any other
private entity or any officer, employee, agent, department,
or instrumentality of the United States, of any Indian
tribe, or of any State or political subdivision thereof.
(7) The term “State” means any of the fifty States, the
District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
Section 4
(a) Any person may apply to the Federal land manager for a
permit to excavate or remove any archaeological resource
located on public lands or Indian lands and to carry out
activities associated with such excavation or removal. The
application shall be required, under uniform regulations un-
der this chapter [of Title 16] [Act], to contain such informa-
tion as the Federal land manager deems necessary, includ-
ing information concerning the time, scope, and location
and specific purpose of the proposed work.
(b) A permit may be issued pursuant to an application un-
der subsection (a) of this section if the Federal land man-
16 U.S.C. 470cc
Evaluation and removal
16 U.S.C. 470cc(a)
Application for permit
16 U.S.C. 470cc(b)
Determinations by Federal
land manager prerequisite to
issuance of permit
180 Federal Historic Preservation Laws
Archaeological Resources Protection Act
ager determines, pursuant to uniform regulations under this
chapter [of Title 16] [Act], that—
(1) the applicant is qualified, to carry out the permitted
activity,
(2) the activity is undertaken for the purpose of furthering
archaeological knowledge in the public interest,
(3) the archaeological resources which are excavated or
removed from public lands will remain the property of
the United States, and such resources and copies of asso-
ciated archaeological records and data will be preserved
by a suitable university, museum, or other scientific or
educational institution, and
(4) the activity pursuant to such permit is not inconsistent
with an management plan applicable to the public lands
concerned.
(c) If a permit issued under this section may result in harm
to, or destruction of, any religious or cultural site, as deter-
mined by the Federal land manager, before issuing such per-
mit, the Federal land manager shall notify any Indian tribe
which may consider the site as having religious or cultural
importance. Such notice shall not be deemed a disclosure to
the public for purposes of section 470hh [of Title 16] [sec-
tion 9 of this Act]
(d) Any permit under this section shall contain such terms
and conditions, pursuant to uniform regulations promul-
gated under this chapter [of Title 16] [Act], as the Federal
land manager concerned deems necessary to carry out the
purposes of this chapter [of Title 16] [Act].
(e) Each permit under this section shall identify the indi-
vidual who shall be responsible for carrying out the terms
and conditions of the permit and for otherwise complying
with this chapter [of Title 16] [Act] and other law applicable
to the permitted activity.
(f) Any permit issued under this section may be suspended
by the Federal land manager upon his determination that
16 U.S.C. 470cc(c)
Notification to Indian tribes of
possible harm to or destruction
of sites having religious or
cultural importance
16 U.S.C. 470cc(d)
Terms and conditions of permit
16 U.S.C. 470cc(e)
Identification if individuals
responsible for complying with
permit terms and conditions
and other applicable laws
16 U.S.C. 470cc(f)
Suspension or revocation of
permits, grounds
Archaeological Resources Protection Act 181
Archaeological Resources Protection Act
the permittee has violated any provision of section 470ee
[of Title 16] [subsection (a), (b), or (c) of section 6 of this
Act]. Any such permit may be revoked by such Federal land
manager upon assessment of a civil penalty under section
7 of this Act against the permittee or upon the permittee’s
conviction under section 470ee [of title 16] [section 6 of this
Act].
(g)(1) No permit shall be required under this section or un-
der chapter 3203 of title 54 [the Antiquities Act of 1906] for
the excavation or removal by any Indian tribe or member
thereof of any archaeological resource located on Indian
lands of such Indian tribe, except that in the absence of
tribal law regulating the excavation or removal of archaeo-
logical resources on Indian lands, an individual tribal mem-
ber shall be required to obtain permit under this section.
(2) In the case of any permits for the excavation or
removal of any archaeological resource located on Indian
lands, the permit may be granted only after obtaining the
consent of the Indian or Indian tribe owning or having
jurisdiction over such lands. The permit shall include
such terms and conditions as may be requested by such
Indian or Indian tribe.
(h)(1) No permit or other permission shall be required un-
der chapter 3203 of title 54 [section of the Act], for any ac-
tivity for which a permit is issued under this section.
(2) Any permit issued under the chapter 3203 of title 54
[section of the Act], shall remain in effect according to
its terms and conditions following the enactment of this
chapter [of Title 16] [Act]. No permit under this Act shall
be required to carry out any activity under a permit is-
sued under chapter 3203 of title 54 [section of the Act],
before October 31, 1979 [the date of the enactment of this
Act] which remains in effect as provided in this para-
graph, and nothing in this chapter [of Title 16] [Act] shall
modify or affect any such permit.
16 U.S.C. 470cc(g)
Excavation or removal by Indian
tribes or tribe members, excava
tion or removal of resources
located on Indian lands
16 U.S.C. 470cc(h)
Permits issued under antiquities
Act of 1906
182 Federal Historic Preservation Laws
Archaeological Resources Protection Act
(i) Issuance of a permit in accordance with this section and
applicable regulations shall not require compliance with
section 306108 of title 54 [section 106 of the National His-
toric Preservation Act.]
(j) Upon the written request of the Governor of any State,
the Federal land manager shall issue a permit, subject to
the provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g),
(h), and (i) of this section for the purpose of conducting
archaeological research, excavation, removal, and curation,
on behalf of the State or its educational institutions, to such
Governor or to such designee as the Governor deems quali-
fied to carry out the intent of this chapter [of Title 16] [Act].
Section 5
The Secretary of the Interior may promulgate regulations
providing for—
(1) the exchange, where appropriate, between suitable
universities, museums, or other scientific or educational
institutions, of archaeological resources removed from
public lands and Indian lands pursuant to this chapter [of
Title 16] [Act], and
(2) the ultimate disposition of such resources and other
resources removed pursuant to chapter 3125 or chapter
3023 of title 54 [the Archaeological and Historic Preserva-
tion Act or the National Historic Preservation Act]
Any exchange or ultimate disposition under such regula-
tion of archaeological resources excavated or removed from
Indian lands shall be subject to the consent of the Indian or
Indian tribe which owns or has jurisdiction over such lands.
Following promulgation of regulations under this section,
notwithstanding any other provision of law, such regula-
tions shall govern the disposition of archaeological resourc-
es removed from public lands and Indian lands pursuant to
this chapter [of Title 16] [Act].
16 U.S.C. 470cc(i)
Compliance with provisions
relating to undertakings on
properties listed in National
Register not required
16 U.S.C. 470cc(j)
Issuance of permits to State
governors for archaeological
activities on behalf of States or
their educational institutions
16 U.S.C. 470dd
Custody or archaeological
resources
Archaeological Resources Protection Act 183
Archaeological Resources Protection Act
Section 6
(a) No person may excavate, remove, damage, or otherwise
alter or deface or attempt to excavate, remove, damage,
or otherwise alter or deface any archaeological resource
located on public lands or Indian lands unless such activ-
ity is pursuant to a permit issued under section 470cc [of
Title 16] [section 4 of this Act], a permit referred to in sec-
tion 470cc(h)(2) [of Title 16] [section 4(h)(2) of this Act] or
the exemption contained in section 470cc(g)(1) [of Title 16]
[section 4(g)(1) of this Act].
(b) No person may sell, purchase, exchange, transport,
receive, or offer to sell, purchase, or exchange any archaeo-
logical resource if such resource was excavated or removed
from public lands or Indian lands in violation of—
(1) the prohibition contained in subsection (a) of this sec-
tion, or
(2) any provision, rule, regulation, ordinance, or permit in
effect under any other provision of Federal law.
(c) No person may sell, purchase, exchange, transport, re-
ceive, or offer to sell, purchase, or exchange, in interstate or
foreign commerce, any archaeological resource excavated,
removed, sold, purchased, exchanged, transported, or re-
ceived in violation of any provision, rule, regulation, ordi-
nance, or permit in effect under State or local law.
(d) Any person who knowingly violates, or counsels, pro-
cures, solicits, or employs any other person to violate, any
prohibition contained in subsection (a), (b), or (c) of this
section shall, upon conviction, be fined not more than
$10,000 or imprisoned not more than one year, or both:
Provided, however, That if the commercial or archaeological
value of the archaeological resources involved and the cost
of restoration and repair of such resources exceeds the sum
of $500, such person shall be fined not more than $20,000
or imprisoned not more than two years, or both. In the case
of a second or subsequent such violation upon conviction
such person shall be fined not more than $100,000, or im-
prisoned not more than five years, or both.
16 U.S.C. 470ee
Prohibited acts and criminal
penalties
16 U.S.C. 470ee(a)
Unauthorized excavation,
removal, damage, alternation,
or defacement of archaeological
resources
16 U.S.C. 470ee(b)
Trafficking in archaeological re
sources: Federal law
16 U.S.C. 470ee(c)
Trafficking in illegal interstate
or foreign commerce in
archaeological resources: State
or local law
16 U.S.C. 470ee(d)
Penalties
184 Federal Historic Preservation Laws
Archaeological Resources Protection Act
(e) The prohibitions contained in this section shall take ef-
fect on October 31, 1979 [the date of the enactment of this
Act].
(f) Nothing in subsection (b)(1) of this section shall be
deemed applicable to any person with respect to an ar-
chaeological resource which was in the lawful possession of
such person prior to October 31, 1979.
(g) Nothing in subsection (d) of this section shall be deemed
applicable to any person with respect to the removal of ar-
rowheads located on the surface of the ground.
Section 7
(a)(1) Any person who violates any prohibition contained in
an applicable regulation or permit issued under this chapter
[of Title 16] [Act] may be assessed a civil penalty by the Fed-
eral land manager concerned. No penalty may be assessed
under this subsection unless such person is given notice
and opportunity for a hearing with respect to such viola-
tion. Each violation shall be a separate offense. Any such
civil penalty may be remitted or mitigated by the Federal
land manager concerned.
(2) The amount of such penalty shall be determined under
regulations promulgated pursuant to this chapter [of Title
16] [Act], taking into account, in addition to other factors—
(A) the archaeological or commercial value of the ar-
chaeological resource involved, and
(B) the cost of restoration and repair of the resource
and the archaeological site involved.
Such regulations shall provide that, in the case of a second
or subsequent violation by any person, the amount of such
civil penalty may be double the amount which would have
been assessed if such violation were the first violation by
such person. The amount of any penalty assessed under
this subsection for any violation shall not exceed an amount
equal to double the cost of restoration and repair of re-
sources and archaeological sites damaged and double the
fair market value of resources destroyed or not recovered.
16 U.S.C. 470ee(e)
Effective Date
16 U.S.C. 470ee(f)
Prospective application
16 U.S.C. 470ee(g)
Removal of arrowheads located
on ground surface
16 U.S.C. 470ff
Civil penalties
16 U.S.C. 470ff(a)
Assessment by Federal land
managers
Archaeological Resources Protection Act 185
Archaeological Resources Protection Act
(3) No penalty shall be assessed under this section for the
removal of arrowheads located on the surface of the ground.
(b)(1) Any person aggrieved by an order assessing a civil
penalty under subsection (a) may file a petition for judicial
review of such order with the United States District Court
for the District of Columbia or for any other district in
which such person resides or transacts business.
Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment
was issued. The court shall hear such action on the record
made before the Federal land manager and shall sustain his
action if it is supported by substantial evidence on the re-
cord considered as a whole.
(2) If any person fails to pay an assessment of a civil penalty—
(A) after the order making the assessment has become
a final order and such person has not filed a petition for
judicial review of the order in accordance with para-
graph (1), or
(B) after a court in an action brought under paragraph
(1) has entered a final judgment upholding the
assessment of a civil penalty, the Federal land managers
may request the Attorney General to institute a civil
action in a district court of the United States for any
district in which such person is found, resides, or
transacts business to collect the penalty and such court
shall have jurisdiction to hear and decide any such
action. In such action, the validity and amount of such
penalty shall not be subject to review.
(c) Hearings held during proceedings for the assessment
of civil penalties authorized by subsection (a) shall be
conducted in accordance with section 554 of title 5 [of the
United States Code].
The Federal land manager may issue subpenas [sic] for the
attendance and testimony of witnesses and the production
of relevant papers, books, and documents, and administer
oaths.
16 U.S.C. 470ff(b)
Judicial review of assessed
penalties, collection of unpaid
assessments
16 U.S.C. 470ff(c)
Hearings
Subpoenas
186 Federal Historic Preservation Laws
Archaeological Resources Protection Act
Witnesses summoned shall be paid the same fees and mile-
age that are paid to witnesses in the courts of the United
States. In case of contumacy or refusal to obey a subpena
[sic] served upon any person pursuant to this paragraph,
the district court of the United States for any district in
which such person is found or resides or transacts business,
upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order requir-
ing such person to appear and give testimony before the
Federal land manager or to appear and produce documents
before the Federal land manager, or both, and any failure
to obey such order of the court may be punished by such
court as a contempt thereof.
Section 8
(a) Upon the certification of the Federal land manager con-
cerned, the Secretary of the Treasury is directed to pay from
penalties and fines collected under sections 470ee and 470ff
[of Title 16] [section 6 and 7 of this Act] an amount equal
to one-half of such penalty or fine, but not to exceed $500,
to any person who furnishes information which leads to
the finding of a civil violation, or the conviction of criminal
violation, with respect to which such penalty or fine was
paid. If several persons provided such information, such
amount shall be divided among such persons. No officer
or employee of the United States or of any State or local
government who furnishes information or renders service
in the performance of his official duties shall be eligible for
payment under this subsection.
(b) All archaeological resources with respect to which a vio-
lation of subsection (a), (b), or (c) of section 470ee [of Title
16] [section 6 of this Act] occurred and which are in the
possession of any person, and all vehicles and equipment of
any person which were used in connection with such viola-
tion, may be (in the discretion of the court or administrative
law judge, as the case may be) subject to forfeiture to the
United States upon—
(1) such person’s conviction of such violation under
section 470ee of [title 16] [section 6 of this Act],
Witness fees
16 U.S.C. 470gg
Enforcement
16 U.S.C. 470gg(a)
Rewards
16 U.S.C. 470gg(b)
Forfeitures
Archaeological Resources Protection Act 187
Archaeological Resources Protection Act
(2) assessment of a civil penalty against such person un-
der section 470ff of [title 16] [section 7 of this Act] with
respect to such violation, or
(3) a determination by any court that such archaeological
resources, vehicles, or equipment were involved in such
violation.
(c) In cases in which a violation of the prohibition con-
tained in subsection (a), (b), or (c) section 470ee [of Title
16] [section 6 of this Act] involve archaeological resources
excavated or removed from Indian lands, the Federal land
manager or the court, as the case may be, shall provide for
the payment to the Indian or Indian tribe involved of all
penalties collected pursuant to section 470ff [of Title 16]
[section 7 of this Act] and for the transfer to such Indian or
Indian tribe of all items forfeited under this section.
Section 9
(a) Information concerning the nature and location of any
archaeological resource for which the excavation or remov-
al requires a permit or other permission under this chapter
[of Title 16] [Act] or under any other provision of Federal
law may not be made available to the public under subchap-
ter II of chapter 5 of title 5 or under any other provision of
law unless the Federal land manager concerned determines
that such disclosure would—
(1) further the purposes of chapter 3125 of title 54 [this
Act] and
(2) not create a risk of harm to such resources or to the
site at which such resources are located.
(b) Notwithstanding the provisions of subsection (a), upon
the written request of the Governor of any State, which
request shall state—
(1) the specific site or area for which information is sought,
(2) the purpose for which such information is sought,
16 U.S.C. 470gg(c)
Disposition of penalties
collected and items forfeited in
cases involving archaeological
resources excavated or removed
from Indian lands
16 U.S.C. 470hh
Confidentiality of information
concerning nature and location
of archaeological resources
16 U.S.C. 470hh(a)
Disclosure of information
16 U.S.C. 470hh(b)
Request for disclosure by
Governors
188 Federal Historic Preservation Laws
Archaeological Resources Protection Act
(3) a commitment by the Governor to adequately pro-
tect the confidentiality of such information to protect
the resource from commercial exploitation, the Federal
land manager concerned shall provide to the Governor
information concerning the nature and location of ar-
chaeological resources within the State of the requesting
Governor.
Section 10
(a) The Secretaries of the Interior, Agriculture and Defense
and the Chairman of the Board of the Tennessee Valley Au-
thority, after consultation with other Federal land managers,
Indian tribes, representatives of concerned State agencies,
and after public notice and hearing, shall promulgate such
uniform rules and regulations as may be appropriate to carry
out the purposes of this chapter [of Title 16] [Act]. Such
rules and regulations may be promulgated only after consid-
eration of the provisions of the American Indian Religious
Freedom Act (92 Stat.469; 42 U.S.C. 1996 and 1996a).
Each uniform rule or regulation promulgated under this
chapter [of Title 16] [Act] shall be submitted on the same
calendar day to the Committee on Energy and Natural Re-
sources of the United States Senate and to the Committee
on Natural Resources of the United States House of Repre-
sentatives, and no such uniform rule or regulation may take
effect before the expiration of a period of ninety calendar
days following the date of its submission to such Commit-
tees.
(b) Each Federal land manager shall promulgate such rules
and regulations, consistent with the uniform rules and
regulations under subsection (a), as may be appropriate for
the carrying out of his functions and authorities under this
chapter [of Title 16] [Act].
(c) Each Federal land manager shall establish a program to
increase public awareness of the significance of the archae-
ological resources located on public lands and Indian lands
and the need to protect such resources.
16 U.S.C. 470ii
Rules and regulations, intergov
ernmental coordination
16 U.S.C. 470ii(a)
Promulgation, effective date
Submittal to congressional
committees
16 U.S.C. 470ii(b)
Federal lands managers’ rules
16 U.S.C. 470ii(c)
Federal land managers’
public awareness program of
archaeological resources
Archaeological Resources Protection Act 189
Archaeological Resources Protection Act
Section 11
The Secretary of the Interior shall take such action as may
be necessary, consistent with the purposes of this chapter
[of Title 16] [Act], to foster and improve the communica-
tion, cooperation, and exchange of information between—
(1) private individuals having collections of archaeological
resources and data which were obtained before the date
of the enactment [of this Act] [October 31, 1979], and
(2) Federal authorities responsible for the protection of
archaeological resources on the public lands and Indian
lands and professional archaeologists and associations of
professional archaeologists. In carrying out this section,
the Secretary shall, to the extent practicable and consis-
tent with the provisions of this chapter [of Title 16] [Act],
make efforts to expand the archaeological data base for
the archaeological resources of the United States through
increased cooperation between private individuals re-
ferred to in paragraph (1) and professional archaeologists
and archaeological organizations.
Section 12
(a) Nothing in this chapter [of Title 16] [Act] shall be con-
strued to repeal, modify, or impose additional restrictions
on the activities permitted under existing laws and authori-
ties relating to mining, mineral leasing, reclamation, and
other multiple uses of the public lands.
(b) Nothing in this chapter [of Title 16] [Act] applies to, or
requires a permit for, the collection for private purposes of
any rock, coin, bullet, or mineral which is not an archaeo-
logical resource, as determined under uniform regulations
promulgated under section 470bb [of Title 16] [section 3(1)
of this Act].
(c) Nothing in this chapter [of Title 16] [Act] shall be con-
strued to affect any land other than public land or Indian
land or to affect the lawful recovery, collection, or sale of
archaeological resources from land other than public land
or Indian land.
16 U.S.C. 470jj
Cooperation with private
individuals
16 U.S.C. 470kk
Savings provisions
16 U.S.C. 470kk(a)
Mining, mineral leasing,
reclamation, and other multiple
uses
16 U.S.C. 470kk(b)
Private collections
190 Federal Historic Preservation Laws
Archaeological Resources Protection Act
Section 13
As part of the annual report required to be submitted to
the specified committees of the Congress pursuant to [sec-
tion 312504 of title 54,] the Secretary of the Interior shall
comprehensively report as a separate component on the
activities carried out under the provisions of this chapter
[of Title 16] [Act], and he shall make such recommendations
as he deems appropriate as to changes or improvements
needed in the provisions of this chapter [of Title 16] [Act].
Such report shall include a brief summary of the actions
undertaken by the Secretary under section 470jj [of Title 16]
[section 11 of this Act], relating to cooperation with private
individuals.
Section 14
The Secretaries of the Interior, Agriculture, and Defense
and the Chairman of the Board of the Tennessee Valley
Authority shall—
(a) develop plans for surveying lands under their control to
determine the nature and extent of archaeological resourc-
es on those lands;
(b) prepare a schedule for surveying lands that are likely
to contain the most scientifically valuable archaeological
resources; and
(c) develop documents for the reporting of suspected viola-
tions of this chapter [of Title 16] [Act] and establish when
and how those documents are to be completed by officers,
employees, and agents of their respective agencies.
16 U.S.C. 470ll
Annual report to congress
16 U.S.C. 470mm
Surveying of lands, reporting of
violations
Commemoration of Former Presidents 191
Sites and structures that commemorate
former Presidents
(a) suRVey.—The Secretary [of the Interior] may conduct a
survey of sites that the Secretary considers exhibit 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) RepoRts.—The Secretary shall, from time to time,
prepare and transmit to the Committee on 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) establishMent as national histoRiC site.—If during
the 6 month period following the transmittal of a report
pursuant to subsection (b) neither Committee has by vote
of a majority of its members disapproved a recommenda-
tion 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 na-
tional historic site, including the land and interests in land
54 U.S.C. 309101
Commemoration of Former
Presidents
Commemoration of Former Presidents
The Act authorizing projects in Commemoration of Former Presidents (Pub. L.96199 sec
tion 120, 54 U.S.C. 3091091) became law in 1980 and has been amended once. In 2014,
Congress reorganized most laws regarding the National Park Service, including this Act,
by moving them to Title 54 of the U.S. Code. For more information about this change
and how it affects this document, please see the Editors’ Note on Title 54 in the front of
this book. In this law, unless specified to the contrary, “Secretary” refers to the Secretary
of the Interior.
192 Federal Historic Preservation Laws
Commemoration of Former Presidents
identified in the report accompanying the recommendation
of the Secretary.
(d) aCquistion [sic] of land and inteRests in land.—The
Secretary may acquire the land and interests in land by
donation, purchase with donated or appropriated funds,
transfer from any other Federal agency, or exchange.
(e) effeCt of seCtion.—Nothing in this section shall be
construed as diminishing the authority of the Secretary un-
der chapter 3201 [of Title 54] [of this Act] or as authorizing
the Secretary to establish any national memorial, creation of
which is expressly reserved to Congress.
Commission for the Preservation of America’s Heritage Abroad 193
In this chapter [of Title 54] [Act], the term “Commission”
means the Commission for the Preservation of America’s
Heritage Abroad established under section 312303 [of Title
54].
Because the fabric of a society is strengthened by visible re-
minders of the historical roots of the society, it is in the na-
tional interest to encourage the preservation and protection
of the cemeteries, monuments, and historic buildings asso-
ciated with the foreign heritage of United States citizens.
(b) establishMent.— There is established a commission to
be known as the Commission for the Preservation of Amer-
ica’s Heritage Abroad.
(c) duties.— The Commission shall—
(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, mon-
uments, 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.
(d)(1) MeMbeRship.— The Commission shall consist of 21
members appointed by the President, 7 of whom shall be
appointed after consultation with the Speaker of the House
54 U.S.C. 312301
Definition
54 U.S.C. 312302
Declaration of National Interest
54 U.S.C. 312303(a)
Establishment
54 U.S.C. 312304(a)
Duties
54 U.S.C. 312303(b)
Membership
Commission for the Preservation of America’s
Heritage Abroad
The Commission for the Preservation of America’s Heritage Abroad (Pub. L. 9983 1303,
54 U.S.C. 3123 et. seq.) was passed in 1985. In 2014, Congress reorganized all laws re
garding the National Park Service, including this Act, by moving them to Title 54 of the
U.S. Code. For more information about this change and how it affects this document,
please see the Editors’ Note on Title 54 in the front of this book. In this law, unless speci
fied to the contrary, “Secretary” refers to the Secretary of the Interior.
194 Federal Historic Preservation Laws
Commission for the Preservation of America’s
Heritage Abroad
of Representatives and 7 of whom shall be appointed after
consultation with the President pro tempore of the Senate.
(2)(A) teRM.— in geneRal.— Except as provided in para-
graph (2) [of chapter 312303(a)(1) of Title 54] [subpara-
graph (C) of this Act], a member of the Commission shall
be appointed for a term of 3 years.
[(B) omitted as obsolete]
(C) VaCanCy.— A member appointed to fill a vacancy
on the Commission shall serve for the remainder of
the term for which the member’s predecessor was
appointed.
(D) MeMbeR until suCCessoR appointed.— A member
may retain membership on the Commission until the
member’s successor has been appointed.
(3) ChaiRMan.— The President shall designate the Chair-
man of the Commission from among its members.
(e) Meetings.— The Commission shall meet at least once
every 6 months.
(f) CoMpensation and expenses.—
(1) CoMpensation.— Members of the Commission shall
receive no pay on account of their service on the Com-
mission.
(2) expenses.— While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be al-
lowed travel expenses, including per diem in lieu of subsis-
tence, in the same manner as individuals employed inter-
mittently in the Government service are allowed expenses
under section 5703 of title 5 [of the United States Code.]
(g) poWeRs.—
(1) hold heaRings, Request attendanCe, take testiMony,
and ReCeiVe eVidenCe.— The Commission or any member
it authorizes may, for the purposes of carrying out this
54 U.S.C. 312303(c)
Term
54 U.S.C. 312303(d)
Chairman
54 U.S.C. 312303(e)
Meetings
54 U.S.C. 312303(f)
Compensation and Expenses
54 U.S.C 312304 (b)
Powers
Commission for the Preservation of America’s Heritage Abroad 195
Commission for the Preservation of America’s
Heritage Abroad
chapter [of Title 54] [section of the Act], hold such hear-
ings, sit and act at such times and places, request such at-
tendance, take such testimony, and receive such evidence,
as the Commission considers appropriate.
(2) appoint peRsonnel and fix pay.— The Commission
may appoint such personnel (subject to the provisions of
title 5 governing appointments in the competitive service)
and may fix the pay of such personnel (subject to the pro-
visions of chapter 51 and subchapter III of chapter 53 of
title 5), as the Commission considers desirable.
(3) pRoCuRe teMpoRaRy and inteRMittent seRViCes.— The
Commission may 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) detail peRsonnel to CoMMisison [sic].— On request of
the Commission, the head of any Federal department or
agency, including the Secretary of State, may detail, on a
reimbursable basis, any of the personnel of that depart-
ment or agency to the Commission to assist it in carrying
out its duties under this chapter [of Title 54] [section of
this Act].
(5) seCuRe infoRMation.— The Commission may secure
directly from any department or agency of the United
States, including the Department of State, any informa-
tion necessary to enable it to carry out this chapter [of
Title 54] [section of this Act]. On the request of the Chair-
man of the Commission, the head of the department or
agency shall furnish the information to the Commission.
(6) gifts oR donations.— The Commission may ac-
cept, use, and dispose of gifts or donations of money or
property.
(7) use of Mails.— The Commission may use the United
States mails in the same manner and on the same condi-
tions as other departments and agencies of the United
States.
196 Federal Historic Preservation Laws
Commission for the Preservation of America’s
Heritage Abroad
(8) adMinistRatiVe suppoRt.— The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support services as the
Commission may request.
(h) 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 legisla-
tion and administrative actions.
54 U.S.C. 312104(c)
Administrative Support
54 U.S.C. 312305
Reports
Abandoned Shipwreck Act 197
Section 2
The Congress finds that—
(a) States have the responsibility for management of a broad
range of living and nonliving resources in State waters and
submerged lands; and
(b) included in the range of resources are certain aban-
doned shipwrecks, which have been deserted and to which
the owner has relinquished ownership rights with no reten-
tion.
Section 3
For purposes of this chapter [of Title 43] [Act]—
(a) the term “embedded” means firmly affixed in the sub-
merged lands or in coralline formations such that the use of
tools of excavation is required in order to move the bottom
sediments to gain access to the shipwreck, its cargo, and any
part thereof;
(b) the term “National Register” means the National Reg-
ister of Historic Places maintained by the Secretary of the
Interior under chapter 3021 et. seq. [of Title 54] [section 101
of the National Historic Preservation Act];
(c) the terms “public lands”, “Indian lands”, and “Indian
tribe” have the same meaning given the terms in chapters
470aa-470ll [of Title 16] the Archaeological Resources Pro-
tection Act of 1979];
(d) the term “shipwreck” means a vessel or wreck, its cargo,
and other contents;
(e) the term “State” means a State of the United States, the
District of Columbia, Puerto Rico, Guam, the Virgin Is-
lands, American Samoa, and the Northern Mariana Islands;
and
43 U.S.C. 2101
Findings
43 U.S.C. 2102
Definitions
Abandoned Shipwreck Act
This Act became law on April 28, 1988 (Public Law 100298; 43 U.S.C. 21012106). It has
not been amended. This version of the Act follows the organization and structure of the
original document while using the updated language from the U.S. Code.
198 Federal Historic Preservation Laws
Abandoned Shipwreck Act
(f) the term “submerged lands” means the lands—
(1) that are “lands beneath navigable waters,” as defined
in chapter 1301 [of Title 43] [section 2 of the Submerged
Lands Act];
(2) of Puerto Rico, as described in chapter 749 [of Title
48] [section 8 of the Act of March 2, 1917, as amended];
(3) of Guam, the Virgin Islands and American Samoa, as
described in chapter 1705 [of Title 48] [section 1 of Public
Law 93-435]; and
(4) of the Commonwealth of the Northern Mariana Is-
lands, as described in chapter 1681 [of Title 48] [section
801 of Public Law 94-241].
Section 4
(a) In order to—
(1) clarify that State waters and shipwrecks offer recre-
ational and educational opportunities to sport divers and
other interested groups, as well as irreplaceable State re-
sources for tourism, biological sanctuaries, and historical
research; and
(2) provide that reasonable access by the public to such
abandoned shipwrecks be permitted by the State holding
title to such shipwrecks pursuant to chapter 2105 [of Title
43] [section 6 of this Act]; it is the declared policy of the
Congress that States carry out their responsibilities under
this chapter [of Title 43] [Act] to develop appropriate and
consistent policies so as to—
(A) protect natural resources and habitat areas;
(B) guarantee recreational exploration of shipwreck
sites; and
(C) allow for appropriate public and private sector
recovery of shipwrecks consistent with the protection
of historical values and environmental integrity of the
shipwrecks and the sites.
43 U.S.C. 2103
Rights of access
43 U.S.C. 2103(a)
Access rights, historic preserva
tion, environmental protection
Abandoned Shipwreck Act 199
Abandoned Shipwreck Act
(b) In managing the resources subject to the provisions of
this chapter [of Title 43], States are encouraged to create
underwater parks or areas to provide additional protection
for such resources. Funds available to States from grants
from the Historic Preservation Fund shall be available, in
accordance with the provisions of chapter 3029 [of Title 54]
[title I of the National Historic Preservation Act], for the
study, interpretation, protection, and preservation of his-
toric shipwrecks and properties.
Section 5
(a) In order to encourage the development of underwater
parks and the administrative cooperation necessary for the
comprehensive management of underwater resources relat-
ed to historic shipwrecks, the Secretary of the Interior, act-
ing through the Director of the National Park Service, shall
within nine months after April 28, 1988, prepare and publish
guidelines in the Federal Register which shall seek to:
(1) maximize the enhancement of cultural resources;
(2) foster a partnership among sport divers, fishermen,
archeologists, salvors, and other interests to manage ship-
wreck resources of the States and the United States;
(3) facilitate access and utilization by recreational
interests;
(4) recognize the interests of individuals and groups
engaged in shipwreck discovery and salvage.
(b) Such guidelines shall be developed after consultation
with appropriate public and private sector interests (includ-
ing the Secretary of Commerce, the Advisory Council on
Historic Preservation, sport divers, State Historic Preserva-
tion Officers, professional dive operators, salvors, archeolo-
gists, historic preservationists, and fishermen).
(c) Such guidelines shall be available to assist States and
the appropriate Federal agencies in developing legislation
and regulations to carry out their responsibilities under this
chapter [of Title 43] [Act].
43 U.S.C. 2103(b)
Parks and protected areas,
grants
43 U.S.C. 2104
Preparation of guidelines
43 U.S.C. 2104(a)
Purpose of guidelines, Federal
Register publication
43 U.S.C. 2104(b)
Consultation in developing
guidelines
43 U.S.C. 2104(c)
Guidelines, regulations, and
legislation
200 Federal Historic Preservation Laws
Abandoned Shipwreck Act
Section 6
(a) The United States asserts title to any abandoned ship-
wreck that is—
(1) embedded in submerged lands of a State;
(2) embedded in coralline formations protected by a State
on submerged lands of a State; or
(3) on submerged lands of a State and is included in or
determined eligible for inclusion in the National Register.
(b) The public shall be given adequate notice of the location
of any shipwreck to which title is asserted under this sec-
tion. The Secretary of the Interior, after consultation with
the appropriate State Historic Preservation Officer, shall
make a written determination that an abandoned shipwreck
meets the criteria for eligibility for inclusion in the National
Register of Historic Places under subsection (a)(3).
(c) The title of the United States to any abandoned
shipwreck asserted under subsection (a) of this section is
transferred to the State in or on whose submerged lands the
shipwreck is located.
(d) Any abandoned shipwreck in or on the public lands of
the United States is the property of the United States Gov-
ernment. Any abandoned shipwreck in or on any Indian
lands is the property of the Indian tribe owning such lands.
(e) This section does not affect any right reserved by the
United States or by any State (including any right reserved
with respect to Indian lands) under—
(1) section 3, 5, or 6 of the Submerged Lands Act [43
U.S.C. 1311, 1313, or 1314]; or
(2) section 19 or 20 of the Act of March 3, 1899 [33 U.S.C.
414 or 415].
43 U.S.C. 2105
Rights of ownership
43 U.S.C. 2105(a)
United States title
43 U.S.C. 2105(b)
Public notice of shipwreck
location, National Register
eligibility
43 U.S.C. 2105(c)
Transfer of title to States
43 U.S.C. 2105(d)
Shipwrecks on Federal or Indian
land
43 U.S.C. 21005(e)
Reservation of rights
Abandoned Shipwreck Act 201
Abandoned Shipwreck Act
Section 7
(a) The law of salvage and the law of finds shall not apply to
abandoned shipwrecks to which chapter 2105 [of Title 43]
[section 6 of this Act] applies.
(b) This chapter [Act] shall not change the laws of the Unit-
ed States relating to shipwrecks, other than those to which
this Act applies.
(c) This chapter [Act] shall not affect any legal proceeding
brought prior to April 28, 1988 [the date of enactment of
this Act].
43 U.S.C. 2106
Relationship to Other Laws
43 U.S.C. 2106(a)
Law of salvage and the law of
finds
43 U.S.C. 2106(b)
Laws of the United States
43 U.S.C. 2106(c)
Effective date
Pictured: View of the main stage at the Fox Theatre in Spokane, Washington. The rehabilitation
of this historic theatre was funded through a combination of Historic Preservation Tax Credits and
grants from the Save America’s Treasures program. Photograph courtesy of the Fox Theatre.
Internal Revenue Code 203
Section 170(h)
(1) For purposes of subsection (f)(3)(B)(iii), the
term “qualified conservation contribution” means a
contribution—
(A) of a qualified real property interest,
(B) to a qualified organization,
(C) exclusively for conservation purposes.
(2) For purposes of this subsection, the term “qualified
real property interest” means any of the following inter-
ests in real property:
(A) the entire interest of the donor other than a quali-
fied mineral interest,
(B) a remainder interest, and
(C) a restriction (granted in perpetuity) on the use
which may be made of the real property.
(3) For the purposes of paragraph (1), the term “qualified
organization” means an organization which—
(A) is described in clause (v) or (vi) of subsection (b)(1)
(A), or
(B) is described in section 501(c)(3) and—
(i) meets the requirements of section 509(a)(2), or
26 U.S.C. 170(h)
Qualified conservation
contribution
26 U.S.C. 170(h)(1)
In general
26 U.S.C. 170(h)(2)
Qualified real property interest
26 U.S.C. 170(h)(3)
Qualified organization
Internal Revenue Code
SELECTIONS: QUALIFIED CONSERVATION CONTRIBUTIONS AND REHABILITATION TAX CREDIT
Section 170(h) of the Internal Revenue code became law on December 17, 1980 (Pub
lic Law 96541, 26 U.S.C. 170(h) and has been amended three times. It covers qualified
conservation contributions.. Section 47, which establishes the Rehabilitation Tax Credit,
became law on November 5, 1990 (Public Law 101508; 26 U.S.C. 47). It is the current ver
sion of the certified rehabilitation section previously contained in Section 48(g) of the
Internal Revenue Code of 1986 [26 U.S.C. 48(f)]. Since codification in section 47, the Act
has been amended once by Public Law 11597. Public Law 95600 (1978) and six amend
ments contributed to the development of the rehabilitation credit while it was codified
in 26 U.S.C. 48(g). In this law, unless specified to the contrary, “Secretary” refers to the
Secretary of the Treasury.
204 Federal Historic Preservation Laws
Internal Revenue Code
(ii) meets the requirements of section 509(a)(3) and is
controlled by an organization described in subpara-
graph (A) or in clause (i) of this subparagraph.
(4)(A) For purposes of this subsection, the term
“conservation purposes” means—
(i) the preservation of land areas for outdoor recre-
ation by, or the education of, the general public,
(ii) the protection of a relatively natural habitat of
fish, wildlife, or plants, or similar ecosystem,
(iii) the preservation of open space (including
farmland and forest land) where such preservation
is—
(I) for the scenic enjoyment of the general public, or
(II) pursuant to a clearly delineated Federal, State,
or local governmental conservation policy, and will
yield a significant public benefit, or
(iv) the preservation of a historically important land
area or a certified historic structure.
[Added 2006] (B) In the case of any contribution of a
qualified real property interest which is a restriction
with respect to the exterior of a building described in
subparagraph (C)(ii), such contribution shall not be
considered to be exclusively for conservation purposes
unless-
(i) such interest-
(I) includes a restriction which preserves the entire
exterior of the building (including the front, sides,
rear, and height of the building), and
(II) prohibits any change in the exterior of the
building which is inconsistent with the historical
character of such exterior,
26 U.S.C. 170(h)(4)
Conservation purpose defined,
in general
Internal Revenue Code 205
Internal Revenue Code
(ii) the donor and donee enter into a written agree-
ment certifying, under penalty of perjury, that the
donee-
(I) is a qualified organization (as defined in
paragraph (3)) with a purpose of environmental
protection, land conservation, open space
preservation, or historic preservation, and
(II) has the resources to manage and enforce the
restriction and a commitment to do so, and
(iii) in the case of any contribution made in a taxable
year beginning after the date of the enactment
of this subparagraph, the taxpayer includes with
the taxpayer’s return for the taxable year of the
contribution-
(I) a qualified appraisal (within the meaning of
subsection (f)(11)(E)) of the qualified property
interest,
(II) photographs of the entire exterior of the
building, and
(III) a description of all restrictions on the
development of the building.
(C) For purposes of subparagraph (A)(iv), the term
“certified historic structure” means—
(i) any building, structure, or land area which is listed
in the National Register, or
(ii) any building which is located in a registered his-
toric district (as defined in Section 47(c)(3)(B)) and is
certified by the Secretary of the Interior to the Secre-
tary [of the Treasury] as being of historic significance
to the district.
A building, structure, or land area satisfies the preceding
sentence if it satisfies such sentence either at the time of
the transfer or on due date (including extensions) for fil-
206 Federal Historic Preservation Laws
Internal Revenue Code
ing the transferor’s return under this chapter [Act] for the
taxable year in which the transfer is made.
(5) For purposes of this subsection—
(A) A contribution shall not be treated as exclusively for
conservation purposes unless the conservation purpose
is protected in perpetuity.
(B)(i) Except as provided in clause (ii), in the case of a
contribution of any interest where there is a retention
of a qualified mineral interest, subparagraph (A) shall
not be treated as met if at any time there may be ex-
traction or removal of minerals by any surface mining
method.
(ii) With respect to any contribution of property
in which the ownership of the surface estate and
mineral interests has been and remains separated,
subparagraph (A) shall be treated as met if the
probability of surface mining occurring on such
property is so remote as to be negligible.
(6) For purposes of this subsection, the term “qualified
mineral interest” means—
(A) subsurface oil, gas, or other minerals, and
(B) the right to access to such minerals.
[Remainder of section omitted]
Section 47
(a)(1) For purposes of section 46, for any taxable year dur-
ing the 5-year period beginning in the taxable year in which
a qualified rehabilitated building is placed in service, the
rehabilitation credit for such year is an amount equal to the
ratable share for such year.
(2) For the purposes of paragraph (1), the ratable share
for any taxable year during the period described in such
paragraph is the amount equal to 20 percent of the quali-
fied rehabilitation expenditures with respect to the quali-
26 U.S.C. 170(h)(5)
Contributions to be protected in
perpetuity
26 U.S.C. 170(h)(6)
Qualified mineral interest
26 U.S.C. 47
Rehabilitation Tax Credit
26 U.S.C. 47(a)
Amount of credit
Internal Revenue Code 207
Internal Revenue Code
fied rehabilitated building, as allocated ratably to each
year during such period.
(b)(1) Qualified rehabilitation expenditures with respect
to any qualified rehabilitated building shall be taken
into account for the taxable year in which such qualified
rehabilitated building is placed in service.
(2) The amount which would (but for this paragraph) be
taken into account under paragraph (1) with respect to
any qualified rehabilitated building shall be reduced (but
not below zero) by any amount of qualified rehabilitation
expenditures taken into account under subsection (d) by
the taxpayer or a predecessor of the taxpayer (or, in the
case of a sale and leaseback described in section 50(a)(2)
(C), by the lessee), to the extent any amount so taken into
account has not been required to be recaptured under
section 50(a).
(c) For the purposes of this section—
(1)(A) The term “qualified rehabilitated building” means
any building (and its structural components) if—
(i) such building has been substantially rehabilitated,
(ii) such building was placed in service before the
beginning of the rehabilitation,
(iii) such building is a certified historic structure, and
(iv) depreciation (or amortization in lieu of
depreciation) is allowable with respect to such
building.
(B) (i)For purposes of subparagraph (A)(i), a
building shall be treated as having been substantially
rehabilitated only if the qualified rehabilitation
expenditures during the 24-month period selected by
the taxpayer (at the time and in the manner prescribed
by regulation) and ending with or within the taxable
year exceed the greater of—
26 U.S.C. 47(b)
Correct timing for claiming
credit, in general
26 U.S.C. 47(c)
Definitions
208 Federal Historic Preservation Laws
Internal Revenue Code
(I) the adjusted basis of such building (and its
structural components), or
(II) $5,000.
The adjusted basis of the building (and its structural com-
ponents) shall be determined as of the beginning of the
1st day of such 24-month period, or of the holding period
of the building, whichever is later. For purposes of the
preceding sentence, the determination of the beginning
of the holding period shall be made without regard to any
reconstruction by the taxpayer in connection with the
rehabilitation.
(ii) In the case of any rehabilitation which may rea-
sonably be expected to be completed in phases set
forth in architectural plans and specifications com-
pleted before the rehabilitation begins, clause (i) shall
be applied by substituting “60-month period’’ for
“24-month period.’’
(iii) The Secretary [of Treasury] shall prescribe by
regulation rules for applying this subparagraph to les-
sees.
(C) Rehabilitation includes reconstruction.
(2)(A) The term “qualified rehabilitation expenditure”
means any amount properly chargeable to capital
account—
(i) for property for which depreciation is allowable
under section 168 and which is—
(I) nonresidential real property,
(II) residential rental property,
(III) real property which has a class life of more
than 12.5 years, or
(IV) an addition or improvement to property
described in subclause (I), (II), or (III), and
Internal Revenue Code 209
Internal Revenue Code
(ii) in connection with the rehabilitation of a qualified
rehabilitated building.
(B) The term “qualified rehabilitation expenditure’’
does not include—
(i) Any expenditure with respect to which the
taxpayer does not use the straight line method over a
recovery period determined under subsection (c) or
(g) of section 168. The preceding sentence shall not
apply to any expenditure to the extent the alternative
depreciation system of section 168(g) applies to such
expenditure by reason of subparagraph (B) or (C) of
section 168(g)(1).
(ii) The cost of acquiring any building or interest
therein.
(iii) Any expenditure attributable to the enlargement
of an existing building.
(iv) Any expenditure attributable to the rehabilitation
of a qualified rehabilitated buiding unless the
rehabilitation is a certified rehabilitation (within the
meaning of subparagraph (C)).
(v)(I) Any expenditure in connection with the
rehabilitation of a building which is allocable to the
portion of such property which is (or may reasonably
be expected to be) tax-exempt use property (within
the meaning of section 168(h), except that “50
percent” shall be substituted for “35 percent” in
paragraph (1)(B)(iii) thereof).
(II) This clause shall not apply for purposes of
determining under paragraph (1)(C) whether a
building has been substantially rehabilitated.
(vi) Any expenditure of a lessee of a building if, on
the date the rehabilitation is completed, the remain-
ing term of the lease (determined without regard to
any renewal periods) is less than the recovery period
determined under section 168(c).
210 Federal Historic Preservation Laws
Internal Revenue Code
(C) For purposes of subparagraph (B), the term “cer-
tified rehabilitation” means any rehabilitation of a
certified historic structure which the Secretary of the
Interior has certified to the Secretary [of the Trea-
sury] as being consistent with the historic character of
such property or the district in which such property is
located.
(D) For purposes of subparagraph (A), the terms “non-
residential real property,” “residential rental property,”
and “class life” have the respective meanings given such
terms by section 168.
(3)(A) The term “certified historic structure” means any
building (and its structural components) which—
(i) is listed in the National Register, or
(ii) is located in a registered historic district and is
certified by the Secretary of the Interior to the Secre-
tary as being of historic significance to the district.
(B) The term “registered historic district” means—
(i) any district listed in the National Register, and
(ii) any district—
(I) which is designated under a statute of the ap-
propriate State or local government, if such statute
is certified by the Secretary of the Interior to the
Secretary as containing criteria which will sub-
stantially achieve the purpose of preserving and
rehabilitating buildings of historic significance to
the district, and
(II) which is certified by the Secretary of the Inte-
rior to the Secretary as meeting substantially all of
the requirements for the listing of districts in the
National Register.
(d)(1) In the case of any building to which this subsection
applies, except as provided in paragraph (3)—
26 U.S.C. 47(d)
Progress expenditures
Internal Revenue Code 211
Internal Revenue Code
(A) if such building is self-rehabilitated property, any
qualified rehabilitation expenditure with respect to
such building shall be taken into account for the taxable
year for which such expenditure is properly chargeable
to capital account with respect to such building, and
(B) if such building is not self-rehabilitated property,
any qualified rehabilitation expenditure with respect to
such building shall be taken into account for the taxable
year in which paid.
(2)(A) This subsection shall apply to any building which is
being rehabilitated by or for the taxpayer if—
(i) the normal rehabilitation period for such building
is 2 years or more, and
(ii) it is reasonable to expect that such building will
be a qualified rehabilitated building in the hands of
the taxpayer when it is placed in service.
Clauses (i) and (ii) shall be applied on the basis of facts
known as of the close of the taxable year of the taxpayer
in which the rehabilitation begins (or, if later, at the close
of the first taxable year to which an election under this
subsection applies).
(B) For purposes of subparagraph (A), the term
“normal rehabilitation period” means the period
reasonably expected to be required for the
rehabilitation of the building—
(i) beginning with the date on which physical work
on the rehabilitation begins (or, if later, the first day
of the first taxable year to which an election under
this subsection applies), and
(ii) ending on the date on which it is expected that
the property will be available for placing in service.
(3) For purposes of paragraph (1)—
212 Federal Historic Preservation Laws
Internal Revenue Code
(A) Property which is to be a component part of, or is
otherwise to be included in, any building to which this
subsection applies shall be taken into account—
(i) at a time not earlier than the time at which it be-
comes irrevocably devoted to use in the building, and
(ii) as if (at the time referred to in clause (i))
the taxpayer had expended an amount equal to
that portion of the cost to the taxpayer of such
component or other property which, for purposes
of this subpart, is properly chargeable (during such
taxable year) to capital account with respect to such
building.
(B) Any amount borrowed directly or indirectly by the
taxpayer from the person rehabilitating the property
for him shall not be treated as an amount expended for
such rehabilitation.
(C)(i) In the case of a building which is not self-
rehabilitated, the amount taken into account under
paragraph (1)(B) for any taxable year shall not exceed
the amount which represents the portion of the overall
cost to the taxpayer of the rehabilitation which is
properly attributable to the portion of the rehabilitation
which is completed during such taxable year.
(ii) In the case of a building which is not a self-
rehabilitated building, if for the taxable year—
(I) the amount which (but for clause (i)) would
have been taken into account under paragraph (1)
(B) exceeds the limitation of clause (i), then the
amount of such excess shall be taken into account
under paragraph (1)(B) for the succeeding taxable
year, or
(II) the limitation of clause (i) exceeds the amount
taken into account under paragraph (1)(B), then the
amount of such excess shall increase the limitation
of clause (i) for the succeeding taxable year.
Internal Revenue Code 213
Internal Revenue Code
(D) The determination under subparagraph (C)
(i) of the portion of the overall cost to the taxpayer
of the rehabilitation which is properly attributable
to rehabilitation completed during any taxable year
shall be made, under regulations prescribed by the
Secretary, on the basis of engineering or architectural
estimates or on the basis of cost accounting records.
Unless the taxpayer establishes otherwise by clear and
convincing evidence, the rehabilitation shall be deemed
to be completed not more rapidly than ratably over the
normal rehabilitation period.
(E) No qualified rehabilitation expenditures shall be
taken into account under this subsection for any period
before the first day of the first taxable year to which an
election under this subsection applies.
(F) In the case of any building, no qualified
rehabilitation expenditures shall be taken into account
under this subsection for the earlier of—
(i) the taxable year in which the building is placed in
service, or
(ii) the first taxable year for which recapture is
required under section 50(a)(2) with respect to such
property, or for any taxable year thereafter.
(4) For purposes of this subsection, the term “self-
rehabilitated building” means any building if it is
reasonable to believe that more than half of the qualified
rehabilitation expenditures for such building will be made
directly by the taxpayer.
(5) This subsection shall apply to any taxpayer only if
such taxpayer has made an election under this paragraph.
Such an election shall apply to the taxable year for which
made and all subsequent taxable years. Such an election,
once made, may be revoked only with the consent of the
Secretary.
214 Federal Historic Preservation Laws
Section 2
For purposes of this chapter [of Title 25] [Act], the term—
(1) “burial site” means any natural or prepared physical
location, whether originally below, on, or above the
surface of the earth, into which as a part of the death rite
or ceremony of a culture, individual human remains are
deposited.
(2) “cultural affiliation” means that there is a relationship
of shared group identity which can be reasonably traced
historically or prehistorically between a present day
Indian tribe or Native Hawaiian organization and an
identifiable earlier group.
(3) “cultural items” means human remains and—
(A) “associated funerary objects” which shall mean
objects that, as a part of the death rite or ceremony of
a culture, are reasonably believed to have been placed
with individual human remains either at the time of
death or later, and both the human remains and associ-
ated funerary objects are presently in the possession
or control of a Federal agency or museum, except that
other items exclusively made for burial purposes or to
contain human remains shall be considered as associ-
ated funerary objects.
(B) “unassociated funerary objects” which shall mean
objects that, as a part of the death rite or ceremony
of a culture, are reasonably believed to have been
placed with individual human remains either at the
time of death or later, where the remains are not in the
possession or control of the Federal agency or museum
and the objects can be identified by a preponderance of
the evidence as related to specific individuals or families
or to known human remains or, by a preponderance of
28 U.S.C. 3001 Definitions
Native American Graves Protection and
Repatriation Act
This Act became law on November 16, 1990 (Public Law 101601; 25 U.S.C. 3001 et seq.)
and has been amended twice. This version of the Act follows the organization and struc
ture of the original document while using the updated language from the U.S. Code. In
this law, unless specified to the contrary, “Secretary” refers to the Secretary of the Inte
rior.
Native American Graves Protection and Repatriation Act 215
Native American Graves Protection and
Repatriation Act
the evidence, as having been removed from a specific
burial site of an individual culturally affiliated with a
particular Indian tribe,
(C) “sacred objects” which shall mean specific cer-
emonial objects which are needed by traditional Native
American religious leaders for the practice of tradi-
tional Native American religions by their present day
adherents, and
(D) “cultural patrimony” which shall mean an object
having ongoing historical, traditional, or cultural
importance central to the Native American group
or culture itself, rather than property owned by an
individual Native American, and which, therefore,
cannot be alienated, appropriated, or conveyed
by any individual regardless of whether or not the
individual is a member of the Indian tribe or Native
Hawaiian organization and such object shall have been
considered inalienable by such Native American group
at the time the object was separated from such group.
(4) “Federal agency” means any department, agency, or
instrumentality of the United States. Such term does not
include the Smithsonian Institution.
(5) “Federal lands” means any land other than tribal lands
which are controlled or owned by the United States, in-
cluding lands selected by but not yet conveyed to Alaska
Native Corporations and groups organized pursuant to
the Alaska Native Claims Settlement Act of 1971 [43 U.S.C.
1601 et seq.].
(6) “Hui Malama I Na Kupuna O Hawai‘i Nei” means the
nonprofit, Native Hawaiian organization incorporated
under the laws of the State of Hawaii by that name on
April 17, 1989, for the purpose of providing guidance and
expertise in decisions dealing with Native Hawaiian cul-
tural issues, particularly burial issues.
(7) “Indian tribe” means any tribe, band, nation, or other
organized group or community of Indians, including any
Alaska Native village (as defined in, or established pursu-
216 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
ant to, section 1601 et. seq. of title 43 [the Alaska Native
Claims Settlement Act], which is recognized as eligible for
the special programs and services provided by the United
States to Indians because of their status as Indians.
(8) “museum” means any institution or State or local
government agency (including any institution of higher
learning) that receives Federal funds and has possession
of, or control over, Native American cultural items. Such
term does not include the Smithsonian Institution or any
other Federal agency.
(9) “Native American” means of, or relating to, a tribe,
people, or culture that is indigenous to the United States.
(10) “Native Hawaiian” means any individual who is a
descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
constitutes the State of Hawaii.
(11) “Native Hawaiian organization” means any
organization which—
(A) serves and represents the interests of Native Hawai-
ians,
(B) has as a primary and stated purpose the provision
of services to Native Hawaiians, and
(C) has expertise in Native Hawaiian Affairs, and shall
include the Office of Hawaiian Affairs and Hui Malama
I Na Kupuna O Hawai‘i Nei.
(12) “Office of Hawaiian Affairs” means the Office of
Hawaiian Affairs established by the constitution of the
State of Hawaii.
(13) “right of possession” means possession obtained with
the voluntary consent of an individual or group that had
authority of alienation. The original acquisition of a Na-
tive American unassociated funerary object, sacred object
or object of cultural patrimony from an Indian tribe or
Native Hawaiian organization with the voluntary consent
of an individual or group with authority to alienate such
Native American Graves Protection and Repatriation Act 217
Native American Graves Protection and
Repatriation Act
object is deemed to give right of possession of that object,
unless the phrase so defined would, as applied in section
3005(c) [of Title 25] [section 7(c) of this Act], result in a
Fifth Amendment taking by the United States as deter-
mined by the United States Court of Federal Claims pur-
suant to 28 U.S.C. 1491 in which event the “right of pos-
session” shall be as provided under otherwise applicable
property law. The original acquisition of Native American
human remains and associated funerary objects which
were excavated, exhumed, or otherwise obtained with
full knowledge and consent of the next of kin or the offi-
cial governing body of the appropriate culturally affiliated
Indian tribe or Native Hawaiian organization is deemed
to give right of possession to those remains.
(14) “Secretary” means the Secretary of the Interior.
(15) “tribal land” means—
(A) all lands within the exterior boundaries of any
Indian reservation;
(B) all dependent Indian communities;
(C) any lands administered for the benefit of Native
Hawaiians pursuant to the Hawaiian Homes Commis-
sion Act, 1920 [42 Stat. 108], and section 4 of Public Law
86-3 [note preceding 48 U.S.C. 491].
Section 3
(a) The ownership or control of Native American cultural
items which are excavated or discovered on Federal or tribal
lands after November 16, 1990, shall be (with priority given
in the order listed)—
(1) in the case of Native American human remains and
associated funerary objects, in the lineal descendants of
the Native American; or
(2) in any case in which such lineal descendants cannot be
ascertained, and in the case of unassociated funerary ob-
jects, sacred objects, and objects of cultural patrimony—
25 U.S.C. 3002
Ownership and Relinquishment
of discovered remains and
cultural items
218 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
(A) in the Indian tribe or Native Hawaiian organization
on whose tribal land such objects or remains were dis-
covered;
(B) in the Indian tribe or Native Hawaiian organization
which has the closest cultural affiliation with such
remains or objects and which, upon notice, states a
claim for such remains or objects; or
(C) if the cultural affiliation of the objects cannot
be reasonably ascertained and if the objects were
discovered on Federal land that is recognized by a final
judgment of the Indian Claims Commission or the
United States Court of Claims as the aboriginal land of
some Indian tribe—
(1) [sic] in the Indian tribe that is recognized as
aboriginally occupying the area in which the objects were
discovered, if upon notice, such tribe states a claim for
such remains or objects, or
(2) [sic] if it can be shown by a preponderance of the
evidence that a different tribe has a stronger cultural
relationship with the remains or objects than the tribe
or organization specified in paragraph (1), in the Indian
tribe that has the strongest demonstrated relationship, if
upon notice, such tribe states a claim for such remains or
objects.
(b) Native American cultural items not claimed under sub-
section (a) shall be disposed of in accordance with regula-
tions promulgated by the Secretary in consultation with the
review committee established under section 3006 [of Title
25] [section 8 of this Act], Native American groups, repre-
sentatives of museums and the scientific community.
(c) The intentional removal from or excavation of Native
American cultural items from Federal or tribal lands for
purposes of discovery, study, or removal of such items is
permitted only if—
(1) such items are excavated or removed pursuant to a
permit issued under section 470cc [of Title 16] [section 4
Native American Graves Protection and Repatriation Act 219
Native American Graves Protection and
Repatriation Act
of the Archaeological Resources Protection Act of 1979,
as amended] which shall be consistent with this chapter
[Act];
(2) such items are excavated or removed after
consultation with or, in the case of tribal lands, consent of
the appropriate (if any) Indian tribe or Native Hawaiian
organization;
(3) the ownership and right of control of the disposition
of such items shall be as provided in subsections (a) and
(b); and
(4) proof of consultation or consent under paragraph (2)
is shown.
(d)(1) Any person who knows, or has reason to know,
that such person has discovered Native American cultural
items on Federal or tribal lands after November 16, 1990,
shall notify, in writing, the Secretary of the Department, or
head of any other agency or instrumentality of the United
States, having primary management authority with respect
to Federal lands and the appropriate Indian tribe or Na-
tive Hawaiian organization with respect to tribal lands, if
known or readily ascertainable, and, in the case of lands
that have been selected by an Alaska Native Corporation or
group organized pursuant to section 1601 et. seq. [of Title
43] [the Alaska Native Claims Settlement Act of 1971], the
appropriate corporation or group. If the discovery occurred
in connection with an activity, including (but not limited to)
construction, mining, logging, and agriculture, the person
shall cease the activity in the area of the discovery, make a
reasonable effort to protect the items discovered before re-
suming such activity, and provide notice under this subsec-
tion. Following the notification under this subsection, and
upon certification by the Secretary of the department or the
head of any agency or instrumentality of the United States
or the appropriate Indian tribe or Native Hawaiian organi-
zation that notification has been received, the activity may
resume after 30 days of such certification.
220 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
(2) The disposition of and control over any cultural items
excavated or removed under this subsection shall be de-
termined as provided for in this section.
(3) If the Secretary of the Interior consents, the responsi-
bilities (in whole or in part) under paragraphs (1) and (2)
of the Secretary of any department (other than the De-
partment of the Interior) or the head of any other agency
or instrumentality may be delegated to the Secretary with
respect to any land managed by such other Secretary or
agency head.
(e) Nothing in this section shall prevent the governing body
of an Indian tribe or Native Hawaiian organization from ex-
pressly relinquishing control over any Native American hu-
man remains, or title to or control over any funerary object,
or sacred object.
Section 4
(a) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit, the human remains of a Native
American without the right of possession to those remains
as provided in the Native American Graves Protection and
Repatriation Act shall be fined in accordance with this title,
or imprisoned not more than 12 months, or both, and in the
case of a second or subsequent violation, be fined in accor-
dance with this title [Title 18], or imprisoned not more than
5 years, or both.
(b) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit any Native American cultural
items obtained in violation of the Native American Graves
Protection and Repatriation Act shall be fined in accor-
dance with this title, imprisoned not more than one year, or
both, and in the case of a second or subsequent violation,
be fined in accordance with this title, imprisoned not more
than 5 years, or both.
Section 5
(a) Each Federal agency and each museum which has pos-
session or control over holdings or collections of Native
American human remains and associated funerary objects
18 U.S.C. 1170
Illegal trafficking in Native
American human remains and
cultural items
25 U.S.C. 3003
Federal agency inventory for
human remains and associated
funary objects
Native American Graves Protection and Repatriation Act 221
Native American Graves Protection and
Repatriation Act
shall compile an inventory of such items and, to the extent
possible based on information possessed by such museum
or Federal agency, identify the geographical and cultural af-
filiation of such item.
(b)(1) The inventories and identifications required under
subsection (a) shall be—
(A) completed in consultation with tribal government
and Native Hawaiian organization officials and
traditional religious leaders;
(B) completed by not later than the date that is 5 years
after November 16, 1990, [the date of enactment of this
Act], and
(C) made available both during the time they are being
conducted and afterward to a review committee estab-
lished under section 3006 [of Title 25] [section 8 of this
Act].
(2) Upon request by an Indian tribe or Native Hawaiian
organization which receives or should have received no-
tice, a museum or Federal agency shall supply additional
available documentation to supplement the informa-
tion required by subsection (a) of this section. The term
“documentation” means a summary of existing museum
or Federal agency records, including inventories or cata-
logues, relevant studies, or other pertinent data for the
limited purpose of determining the geographical origin,
cultural affiliation, and basic facts surrounding acquisition
and accession of Native American human remains and
associated funerary objects subject to this section. Such
term does not mean, and this chapter [Act] shall not be
construed to be an authorization for, the initiation of new
scientific studies of such remains and associated funer-
ary objects or other means of acquiring or preserving
additional scientific information from such remains and
objects.
(c) Any museum which has made a good faith effort to carry
out an inventory and identification under this section, but
which has been unable to complete the process, may appeal
222 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
to the Secretary for an extension of the time requirements
set forth in subsection (b)(1)(B). The Secretary may extend
such time requirements for any such museum upon a find-
ing of good faith effort. An indication of good faith shall in-
clude the development of a plan to carry out the inventory
and identification process.
(d)(1) If the cultural affiliation of any particular Native
American human remains or associated funerary objects
is determined pursuant to this section, the Federal agency
or museum concerned shall, not later than 6 months after
the completion of the inventory, notify the affected Indian
tribes or Native Hawaiian organizations.
(2) The notice required by paragraph (1) shall include
information—
(A) which identifies each Native American human
remains or associated funerary objects and the circum-
stances surrounding its acquisition;
(B) which lists the human remains or associated
funerary objects that are clearly identifiable as to tribal
origin; and
(C) which lists the Native American human remains
and associated funerary objects that are not clearly
identifiable as being culturally affiliated with that Indian
tribe or Native Hawaiian organization, but which, given
the totality of circumstances surrounding acquisition of
the remains or objects, are determined by a reasonable
belief to be remains or objects culturally affiliated with
the Indian tribe or Native Hawaiian organization.
(3) A copy of each notice provided under paragraph (1)
shall be sent to the Secretary who shall publish each no-
tice in the Federal Register.
(e) For the purposes of this section, the term “inventory”
means a simple itemized list that summarizes the informa-
tion called for by this section.
Native American Graves Protection and Repatriation Act 223
Native American Graves Protection and
Repatriation Act
Section 6
(a) Each Federal agency or museum which has possession
or control over holdings or collections of Native American
unassociated funerary objects, sacred objects, or objects
of cultural patrimony shall provide a written summary of
such objects based upon available information held by such
agency or museum. The summary shall describe the scope
of the collection, kinds of objects included, reference to
geographical location, means and period of acquisition and
cultural affiliation, where readily ascertainable.
(b)(1) The summary required under subsection (a) shall
be—
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal government
and Native Hawaiian organization officials and
traditional religious leaders; and
(C) completed by not later than the date that is 3 years
after November 16, 1990, [the date of enactment of this
Act].
(2) Upon request, Indian Tribes and Native Hawaiian
organizations shall have access to records, catalogues,
relevant studies or other pertinent data for the limited
purposes of determining the geographic origin, cultural
affiliation, and basic facts surrounding acquisition
and accession of Native American objects subject to
this section. Such information shall be provided in a
reasonable manner to be agreed upon by all parties.
Section 7
(a)(1) If, pursuant to section 3003 [of Title 25] [section 5 of
this Act], the cultural affiliation of Native American human
remains and associated funerary objects with a particular
Indian tribe or Native Hawaiian organization is established,
then the Federal agency or museum, upon the request of a
known lineal descendant of the Native American or of the
tribe or organization and pursuant to subsections (b) and
25 U.S.C. 3004
Summary for unassociated
funerary objects, sacred objects,
and cultural patrimony
25 U.S.C. 3005
Repatriation of Native American
human remains and objects
possessed or controlled by
Federal agencies and museums
224 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
(e) of this section, shall expeditiously return such remains
and associated funerary objects.
(2) If, pursuant to section 3004 [of Title 25] [section 6 of
this Act], the cultural affiliation with a particular Indian
tribe or Native Hawaiian organization is shown with re-
spect to unassociated funerary objects, sacred objects or
objects of cultural patrimony, then the Federal agency or
museum, upon the request of the Indian tribe or Native
Hawaiian organization and pursuant to subsections (b),
(c) and (e), shall expeditiously return such objects.
(3) The return of cultural items covered by this chapter
[Act] shall be in consultation with the requesting lineal
descendant or tribe or organization to determine the
place and manner of delivery of such items.
(4) Where cultural affiliation of Native American human
remains and funerary objects has not been established in
an inventory prepared pursuant to section 3003 [of Title
25] [section 5 of this Act], or the summary pursuant to
section 3004 [of title 25] [section 6 of this Act], or where
Native American human remains and funerary objects are
not included upon any such inventory, then, upon request
and pursuant to subsections (b) and (e) and, in the case
of unassociated funerary objects, subsection (c), such Na-
tive American human remains and funerary objects shall
be expeditiously returned where the requesting Indian
tribe or Native Hawaiian organization can show cultural
affiliation by a preponderance of the evidence based upon
geographical, kinship, biological, archaeological, anthro-
pological, linguistic, folkloric, oral traditional, historical,
or other relevant information or expert opinion.
(5) Upon request and pursuant to subsections (b), (c) and
(e), sacred objects and objects of cultural patrimony shall
be expeditiously returned where—
(A) the requesting party is the direct lineal descendant
of an individual who owned the sacred object;
Native American Graves Protection and Repatriation Act 225
Native American Graves Protection and
Repatriation Act
(B) the requesting Indian tribe or Native Hawaiian or-
ganization can show that the object was owned or con-
trolled by the tribe or organization; or
(C) the requesting Indian tribe or Native Hawaiian or-
ganization can show that the sacred object was owned
or controlled by a member thereof, provided that in the
case where a sacred object was owned by a member
thereof, there are no identifiable lineal descendants of
said member or the lineal descendants, upon notice,
have failed to make a claim for the object under this
chapter [Act].
(b) If the lineal descendant, Indian tribe, or Native Hawai-
ian organization requests the return of culturally affiliated
Native American cultural items, the Federal agency or
museum shall expeditiously return such items unless such
items are indispensable for completion of a specific scientif-
ic study, the outcome of which would be of major benefit to
the United States. Such items shall be returned by no later
than 90 days after the date on which the scientific study is
completed.
(c) If a known lineal descendant or an Indian tribe or Na-
tive Hawaiian organization requests the return of Native
American unassociated funerary objects, sacred objects or
objects of cultural patrimony pursuant to this chapter [Act]
and presents evidence which, if standing alone before the
introduction of evidence to the contrary, would support a
finding that the Federal agency or museum did not have the
right of possession, then such agency or museum shall re-
turn such objects unless it can overcome such inference and
prove that it has a right of possession to the objects.
(d) Any Federal agency or museum shall share what
information it does possess regarding the object in question
with the known lineal descendant, Indian tribe, or Native
Hawaiian organization to assist in making a claim under this
section.
(e) Where there are multiple requests for repatriation of any
cultural item and, after complying with the requirements of
226 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
this chapter [Act], the Federal agency or museum cannot
clearly determine which requesting party is the most appro-
priate claimant, the agency or museum may retain such item
until the requesting parties agree upon its disposition or the
dispute is otherwise resolved pursuant to the provisions of
this chapter [Act] or by a court of competent jurisdiction.
(f) Any museum which repatriates any item in good faith
pursuant to this chapter [Act] shall not be liable for claims
by an aggrieved party or for claims of breach of fiduciary
duty, public trust, or violations of state law that are incon-
sistent with the provisions of this chapter [Act].
Section 8
(a) Within 120 days after November 16, 1990, the Secre-
tary shall establish a committee to monitor and review the
implementation of the inventory and identification process
and repatriation activities required under sections 3003,
3004, and 3005 [of Title 25] [sections 5, 6 and 7 of this Act].
(b)(1) The Committee established under subsection (a) shall
be composed of 7 members,
(A) 3 of whom shall be appointed by the Secretary from
nominations submitted by Indian tribes, Native Ha-
waiian organizations, and traditional Native American
religious leaders with at least 2 of such persons being
traditional Indian religious leaders;
(B) 3 of whom shall be appointed by the Secretary
from nominations submitted by national museum
organizations and scientific organizations; and
(C) 1 who shall be appointed by the Secretary from a
list of persons developed and consented to by all of
the members appointed pursuant to subparagraphs
(A) and (B).
(2) The Secretary may not appoint Federal officers or em-
ployees to the committee.
(3) In the event vacancies shall occur, such vacancies
shall be filled by the Secretary in the same manner as the
25 U.S.C. 3006
Committee to review and
monitor the implementation of
federal agency inventories and
activities
Native American Graves Protection and Repatriation Act 227
Native American Graves Protection and
Repatriation Act
original appointment within 90 days of the occurrence of
such vacancy.
(4) Members of the committee established under subsec-
tion (a) shall serve without pay, but shall be reimbursed
at a rate equal to the daily rate for GS-18 of the General
Schedule for each day (including travel time) for which
the member is actually engaged in committee business.
Each member shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5.
(c) The committee established under subsection a) of this
section shall be responsible for—
(1) designating one of the members of the committee as
chairman;
(2) monitoring the inventory and identification process
conducted under sections 3003 and 3004 [of Title 25]
[sections 5 and 6 of this Act] to ensure a fair, objective
consideration and assessment of all available relevant in-
formation and evidence;
(3) upon the request of any affected party, reviewing and
making findings related to—
(A) the identity or cultural affiliation of cultural items,
or
(B) the return of such items;
(4) facilitating the resolution of any disputes among
Indian tribes, Native Hawaiian organizations, or lineal
descendants and Federal agencies or museums relating to
the return of such items including convening the parties
to the dispute if deemed desirable;
(5) compiling an inventory of culturally unidentifiable
human remains that are in the possession or control of
each Federal agency and museum and recommending
specific actions for developing a process for disposition of
such remains;
228 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
(6) consulting with Indian tribes and Native Hawaiian
organizations and museums on matters within the scope
of the work of the committee affecting such tribes or
organizations;
(7) consulting with the Secretary in the development of
regulations to carry out this chapter [Act];
(8) performing such other related functions as the
Secretary may assign to the committee; and
(9) making recommendations, if appropriate, regarding
future care of cultural items which are to be repatriated.
(d) Any records and findings made by the review commit-
tee pursuant to this chapter [Act] relating to the identity or
cultural affiliation of any cultural items and the return of
such items may be admissible in any action brought under
section 3013 [of Title 25] [section 15 of this Act].
(e) The committee shall make the recommendations under
paragraph (c)(5) of this section in consultation with Indian
tribes and Native Hawaiian organizations and appropriate
scientific and museum groups.
(f) The Secretary shall ensure that the committee estab-
lished under subsection (a) and the members of the com-
mittee have reasonable access to Native American cultural
items under review and to associated scientific and histori-
cal documents.
(g) The Secretary shall—
(1) establish such rules and regulations for the committee
as may be necessary, and
(2) provide reasonable administrative and staff support
necessary for the deliberations of the committee.
(h) The committee established under subsection (a) shall
submit an annual report to the Congress on the progress
made, and any barriers encountered, in implementing this
section during the previous year.
Native American Graves Protection and Repatriation Act 229
Native American Graves Protection and
Repatriation Act
(i) The committee established under subsection (a) shall
terminate at the end of the 120-day period beginning on the
day the Secretary certifies, in a report submitted to Con-
gress, that the work of the committee has been completed.
Section 9
(a) Any museum that fails to comply with the requirements
of this chapter [Act] may be assessed a civil penalty by the
Secretary of the Interior pursuant to procedures established
by the Secretary through regulation. A penalty assessed un-
der this subsection shall be determined on the record after
opportunity for an agency hearing. Each violation under
this subsection shall be a separate offense.
(b) The amount of a penalty assessed under subsection (a)
shall be determined under regulations promulgated pursu-
ant to this chapter [Act], taking into account, in addition to
other factors—
(1) the archaeological, historical, or commercial value of
the item involved;
(2) the damages suffered, both economic and
noneconomic, by an aggrieved party, and
(3) the number of violations that have occurred.
(c) If any museum fails to pay an assessment of a civil pen-
alty pursuant to a final order of the Secretary that has been
issued under subsection (a) and not appealed or after a final
judgment has been rendered on appeal of such order, the
Attorney General may institute a civil action in an appropri-
ate district court of the United States to collect the penalty.
In such action, the validity and amount of such penalty shall
not be subject to review.
(d) In hearings held pursuant to subsection (a) of this
section, subpoenas may be issued for the attendance and
testimony of witnesses and the production of relevant
papers, books, and documents. Witnesses so summoned
shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States.
25 U.S.C. 3007
Penalties for museums which
fail to comply with this Act
230 Federal Historic Preservation Laws
Native American Graves Protection and
Repatriation Act
Section 10
(a) The Secretary is authorized to make grants to Indian
tribes and Native Hawaiian organizations for the purpose of
assisting such tribes and organizations in the repatriation of
Native American cultural items.
(b) The Secretary is authorized to make grants to museums
for the purpose of assisting the museums in conducting the
inventories and identification required under sections 3003
and 3004 [of Title 25] [sections 5 and 6 of this Act].
Section 11
Nothing in this chapter [Act] shall be construed to—
(1) limit the authority of any Federal agency or museum
to—
(A) return or repatriate Native American cultural items
to Indian tribes, Native Hawaiian organizations, or
individuals, and
(B) enter into any other agreement with the consent of
the culturally affiliated tribe or organization as to the
disposition of, or control over, items covered by this
chapter [Act];
(2) delay actions on repatriation requests that are pending
on November 16, 1990;
(3) deny or otherwise affect access to any court;
(4) limit any procedural or substantive right which may
otherwise be secured to individuals or Indian tribes or
Native Hawaiian organizations; or
(5) limit the application of any State or Federal law
pertaining to theft or stolen property
25 U.S.C. 3008
Grants to tribes and museums
25 U.S.C. 3009
Act limitations
Native American Graves Protection and Repatriation Act 231
Native American Graves Protection and
Repatriation Act
Section 12
This chapter [Act] reflects the unique relationship between
the Federal Government and Indian tribes and Native
Hawaiian organizations and should not be construed to
establish a precedent with respect to any other individual,
organization or foreign government.
Section 13
The Secretary shall promulgate regulations to carry out this
chapter [Act] within 12 months of November 16, 1990.
Section 14
There is authorized to be appropriated such sums as may be
necessary to carry out this chapter [Act].
Section 15
The United States district courts shall have jurisdiction over
any action brought by any person alleging a violation of this
Act and shall have the authority to issue such orders as may
be necessary to enforce the provisions of this chapter [Act].
25 U.S.C. 3010
Special relationship between
the Federal Government
and Indian tribes and Native
Hawaiian organizations
25 U.S.C. 3011
Regulations
25 U.S.C. 3012
Authorization of appropriations
25 U.S.C. 3013
Judicial jurisdiction and enforce
ment
232 Federal Historic Preservation Laws
[Added 2014] Definition
In this chapter [Act], the term “national network” means
the National Underground Railroad Network to Freedom
established under section 308302 [of Title 54].
Section 1
[Not repealed but omitted from Title 54]
This Act may be cited as the ‘‘National Underground
Railroad Network to Freedom Act of 1998’’.
Section 2
[Not repealed but omitted from Title 54]
(a) findings.— The Congress finds the following:
(1) The Underground Railroad, which flourished from the
end of the 18th century to the end of the Civil War, was
one of the most significant expressions of the American
civil rights movement during its evolution over more than
three centuries.
(2) The Underground Railroad bridged the divides of
race, religion, sectional differences, and nationality;
spanned State lines and international borders; and joined
the American ideals of liberty and freedom expressed in
the Declaration of Independence and the Constitution to
the extraordinary actions of ordinary men and women
working in common purpose to free a people.
(3) Pursuant to [section 100507 of title 54], the Under-
ground Railroad Advisory Committee conducted a study
of the appropriate means of establishing an enduring na-
tional commemorative Underground Railroad program of
education, example, reflection, and reconciliation.
54 U.S.C. 308301
Definition
Pub. L. 105203, 1
Short Title
Pub. L. 105203, 2
Findings
National Underground Railroad Network to Freedom
The National Underground Railroad Network to Freedom Act (Pub. L. 105203 section 5,
54 U.S.C. 3083 et. seq.) was passed in 1990 and has been amended once. In 2014, Con
gress reorganized all laws regarding the National Park Service, including this Act, by
moving them to Title 54 of the U.S. Code. For more information about this change and
how it affects this document, please see the Editors’ Note on Title 54 in the front of this
book. In this law, unless specified to the contrary, “Secretary” refers to the Secretary of
the Interior.
National Underground Railroad Network to Freedom 233
National Underground Railroad Network to Freedom
(4) The Underground Railroad Advisory Committee
found that—
(A) although a few elements of the Underground
Railroad story are represented in existing National
Park Service units and other sites, many sites are
in imminent danger of being lost or destroyed, and
many important resource types are not adequately
represented and protected;
(B) there are many important sites which have high po-
tential for preservation and visitor use in 29 States, the
District of Columbia, and the Virgin Islands;
(C) no single site or route completely reflects and
characterizes the Underground Railroad, since its story
and associated resources involve networks and regions
of the country rather than individual sites and trails;
and
(D) establishment of a variety of partnerships between
the Federal Government and other levels of govern-
ment and the private sector would be most appropriate
for the protection and interpretation of the Under-
ground Railroad.
(5) The National Park Service can play a vital role
in facilitating the national commemoration of the
Underground Railroad.
(6) The story and significance of the Underground Rail-
road can best engage the American people through a
national program of the National Park Service that links
historic buildings, structures, and sites; routes, geographic
areas, and corridors; interpretive centers, museums, and
institutions; and programs, activities, community projects,
exhibits, and multimedia materials, in a manner that is
both unified and flexible.
(b) puRposes.— The purposes of this Act are the following:
(1) To recognize the importance of the Underground Rail-
road, the sacrifices made by those who used the Under-
54 U.S.C. 308301 note
Purposes
234 Federal Historic Preservation Laws
National Underground Railroad Network to Freedom
ground 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 com-
memorate, honor, and interpret the history of the Under-
ground 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.
Section 3
(a) establishMent, Responsibilities of seCRetaRy.— The Sec-
retary [of the Interior] shall establish in the [National Park]
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 assis-
tance 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) eleMents.—The national network shall encompass the
following elements:
(1) All [National Park] Service units determined by the
Secretary to pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately owned prop-
erties 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.
54 U.S.C. 308302
National Underground Railroad
Network to Freedom Program
National Underground Railroad Network to Freedom 235
National Underground Railroad Network to Freedom
(3) Other governmental and nongovernmental facilities
and programs of an educational, research, or interpretive
nature that are directly related to the Underground Rail-
road.
(c) CoopeRatiVe agReeMents and MeMoRanda of undeR-
standing.— To achieve the purposes of this chapter [Act]
and to ensure effective coordination of the Federal and
non-Federal elements of the national network with [Na-
tional Park] System units and programs of the [National
Park] 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, the govern-
ments of Canada, Mexico, and any appropriate country
in the Caribbean.
Section 4
(a) authoRity to Make gRants.—The Secretary [of the
Interior] may make grants in accordance with 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) gRant Conditions.— Any grant made under this section
shall provide that—
(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 reason-
able times to the public portions of the property for inter-
pretive and other purposes; and
(3) conversion, use, or disposal of the property for pur-
poses contrary to the purposes of this chapter [Act], as
54 U.S.C. 308303
Preservation and Interpretation
of Underground Railroad
history, historic sites, and
structures
236 Federal Historic Preservation Laws
National Underground Railroad Network to Freedom
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 [Act].
(c) MatChing RequiReMent.— The Secretary may obligate
funds made available for a 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 such a waiver is in the
public interest to ensure the preservation of historically sig-
nificant resources.
Section 5
(a) aMounts.— There is authorized to be appropriated to
carry out this chapter [Act] $2,500,000 for each fiscal year,
of which—
(1) $2,000,000 shall be used to carry out section 308302
[of Title 54] [Act]; and
(2) $500,000 shall be used to carry out section 308303 [of
Title 54] [Act].
(b) liMitation.— No amount may be appropriated for the
purposes of this chapter [Act] except to the Secretary for
carrying out the responsibilities of the Secretary as set forth
in this chapter [Act].
54 U.S.C. 308304
Authorization of appropriations
Intermodal Surface Transportation Efficiency Act 237
Section 1016(f)(1)(A)
[Sections 1016(f)(A)(a) through (o) omitted]
(p) sCeniC and histoRiC Values.— Notwithstanding sub-
sections (b) and (c) [of 23 U.S.C. 109], the Secretary may
approve a project for the National Highway System if the
project is designed to—
(1) allow for the preservation of environmental, scenic, or
historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a) [of 23 U.S.C. 109].
[Remainder of Section 1016 and Section 1017 through
Section 1046 omitted].
Section 1047
(a) sCeniC byWays adVisoRy CoMMittee.— (1) establish-
Ment.— Not later than 180 days after the enactment of this
Act [Dec. 18, 1991, the Secretary shall establish in the De-
partment of Transportation an advisory committee to assist
the Secretary with respect to establishment of a national
scenic byways program under title 23, United States Code.
(2) MeMbeRship.— The advisory committee established
under this section shall be composed of 17 members as
follows:
(A) The Administrator of the Federal Highway
Administration or the designee of the Administrator
who shall serve as chairman of the advisory committee.
(B) The Chief of the Forest Service of the Department
of Agriculture or the designee of the Chief.
23 U.S.C. 109
Federalaid highways, standards
23 U.S.C. 109(p)
Scenic and historic values
23 U.S.C. 101 note
Scenic Byways Program
and Scenic Byways Advisory
Committee
Intermodal Surface Transportation Efficiency Act
SELECTIONS: SCENIC BYWAYS PROGRAM
This Act became law on December 18, 1991 (Public Law 102240; 23 U.S.C. 101(a)(35)
[Transportation Enhancement Activities]; 23 U.S.C. 101 (note) [Scenic Byways Program];
23 U.S.C. 109(b), (c), and (p) [National Highway System, Scenic and Historic Values]. It was
amended by Public Law 105178 (1998) [Transportation Equity Act for the 21st Century,
TEA 21]. This version of the Act follows the organization and structure of the original
document while using the updated language from the U.S. Code except that it refers to
the law as the “Act” rather than to the “subchapter” or the “title” of the Code. In this
law, unless specified to the contrary, “Secretary” refers to the Secretary of Transportation.
238 Federal Historic Preservation Laws
Intermodal Surface Transportation Efficiency Act
(C) The Director of the National Park Service of the
Department of the Interior or the designee of the Di-
rector.
(D) The Director of the Bureau of Land Management
of the Department of the Interior or the designee of the
Director.
(E) The Under Secretary for Travel and Tourism of the
Department of Commerce or the designee of the Un-
der Secretary.
(F) The Assistant Secretary for Indian Affairs of the De-
partment of the Interior or the designee of the Assistant
Secretary.
(G) 1 individual appointed by the Secretary who
is specially qualified to represent the interests of
conservationists on the advisory committee.
(H) 1 individual appointed by the Secretary of Trans-
portation who is specially qualified to represent the
interests of recreational users of scenic byways on the
advisory committee.
(I) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of the
tourism industry on the advisory committee.
(J) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the interests of historic
preservationists on the advisory committee.
(K) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of highway
users on the advisory committee.
(L) 1 individual appointed by the Secretary to represent
State highway and transportation officials.
(M) 1 individual appointed by the Secretary to
represent local highway and transportation officials.
Intermodal Surface Transportation Efficiency Act 239
Intermodal Surface Transportation Efficiency Act
(N) 1 individual appointed by the Secretary who is spe-
cially qualified to serve on the advisory committee as a
planner.
(O) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the motoring public.
(P) 1 individual appointed by the Secretary who is spe-
cially qualified to represent groups interested in scenic
preservation.
(Q) 1 individual appointed by the Secretary who repre-
sents the outdoor advertising industry.
Individuals appointed as members of the advisory commit-
tee under subparagraphs (G) through (P) may be State and
local government officials. Members shall serve without
compensation other than for reasonable expenses incident
to functions of the advisory committee.
(3) funCtions.— The advisory committee established
under this subsection shall develop and make to the Sec-
retary recommendations regarding minimum criteria for
use by State and Federal agencies in designating highways
as scenic byways and as all-American roads for purposes
of a national scenic byways program to be established un-
der title 23, United States Code. Such recommendations
shall include recommendations on the following:
(A) Consideration of the scenic beauty and historic
significance of highways proposed for designation as
scenic byways and all-American roads and the areas
surrounding such highways.
(B) Operation and management standards for highways
designated as scenic byways and all-American roads,
including strategies for maintaining or improving
the qualities for which a highway is designated as a
scenic byway or all-American road, for protecting
and enhancing the landscape and view corridors
surrounding such a highway, and for minimizing traffic
congestion on such a highway.
240 Federal Historic Preservation Laws
Intermodal Surface Transportation Efficiency Act
(C)(i) Standards for scenic byway-related signs, includ-
ing those which identify highways as scenic byways and
all-American roads.
(ii) The advisability of uniform signs identifying
highways as components of the scenic byway system.
(D) Standards for maintaining highway safety on the
scenic byway system.
(E) Design review procedures for location of highway
facilities, landscaping, and travelers’ facilities on the
scenic byway system.
(F) Procedures for reviewing and terminating the
designation of a highway designated as a scenic byway.
(G) Such other matters as the advisory committee may
deem appropriate.
(H) Such other matters for which the Secretary may
request recommendations.
[Remainder of Subsection 1047(a) and Subsections (b)
through (f) omitted]
(g) liMitation.— The Secretary shall not make a grant un-
der this section for any project which would not protect the
scenic, historic, recreational, cultural, natural, and archeo-
logical integrity of the highway and adjacent area. The Sec-
retary may not use more than 10 percent of the funds autho-
rized for each fiscal year under subsection (f)(5) for removal
of any outdoor advertising sign, displays, or device.
[subsection (h) omitted]
American Battlefield Protection Act 241
Section 604
The purpose of this section is to assist citizens, public and
private institutions, and governments at all levels in plan-
ning, 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 Ameri-
cans made their ultimate sacrifice.
(b)(1) in geneRal.— Using the established national his-
toric preservation program to the extent practicable, the
Secretary [of the Interior], shall encourage, support, assist,
recognize, and work in partnership with 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 Na-
tional, State, and local level.
(2) finanCial assistanCe.— To carry out section 308102
(b) the Secretary may use a cooperative agreement, grant,
contract, or other generally adopted means of providing
financial assistance.
(3) authoRization of appRopRiations.— There are au-
thorized to be appropriated to carry out this section
$3,000,000 annually for each fiscal year, to remain avail-
able until expended.
(d)(1)(A) battlefield RepoRt.— The term “battlefield re-
port” means, collectively—
(i) the report entitled “Report on the Nation’s Civil
War Battlefields”, prepared by the Civil War Sites Ad-
visory Commission, and dated July 1993; and
58 U.S.C. 3081
American Battlefield Protection
Program
54 U.S.C. 308101 note
Purpose
54 U.S.C. 308102(a)
Preservation assistance
54 U.S.C. 308102(b)
Financial assistance
54 U.S.C. 308102(c)
Authorization of Appropriations
54 U.S.C. 3081 Notes
Battlefield Report Definition
American Battlefield Protection Act
This Act became law on November 12, 1996 (Public Law 104333, 54 U.S.C. 3081 et. seq.).
It has been amended once. In 2014, Congress reorganized all laws regarding the National
Park Service, including this Act, by moving them to Title 54 of the U.S. Code. For more
information about this change and how it affects this document, please see the Editors’
Note on Title 54 in the front of this book. The source for some of this language is the
U.S.C. Notes in 54 U.S.C. 3081 under “Amendment not Shown in Text. In this law, unless
specified to the contrary, “Secretary” refers to the Secretary of the Interior.
242 Federal Historic Preservation Laws
American Battlefield Protection Act
(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.
(d)(1)(C) definition.— In this section, the term “eligible
site” means a site—
(i) that is not within the exterior boundaries of a
[National Park System] unit that is identified in the
battlefield report.
(D) In this chapter [Act], the term “Secretary” means
the Secretary of the Interior, acting through the Ameri-
can Battlefield Protection Program.
(2) establishMent.— The Secretary shall establish a bat-
tlefield acquisition grant program under which the Sec-
retary may provide grants to state and local governments
to pay the Federal share of the cost of acquiring eligible
sites or interests in eligible sites for the preservation and
protection of those eligible sites.
(3) nonpRofit paRtneRs.— A state or local government
may acquire an eligible site or an interest in an eligible
site using a grant under this section in partnership with a
nonprofit organization.
(4) non-fedeRal shaRe.— The non-Federal share of the
total cost of acquiring an eligible site or an interest in an
eligible site under this section shall be not less than 50
percent.
(5) liMitation on land use.— An eligible site or an interest
in an eligible site acquired under this subsection shall be
subject to section 200305(f)(3)[of Title 54] [section 6(f)(3)
of the Land and Water Conservation Fund Act of 1965].
(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
*54 U.S.C. 308103
Battlefield acquisition grant
program
*54 U.S.C. 308103(a)
Eligible site definition
54 U.S.C. 308101
Secretary
54 U.S.C. 308103(b)
Establishment of an acquisition
grant program
54 U.S.C. 308103(c)
Nonprofit partners
54 U.S.C. 308103(d)
Nonfederal share
54 U.S.C. 308103(e)
Limitations on land use
54 U.S.C. 308103 note
Battlefield Report
American Battlefield Protection Act 243
American Battlefield Protection Act
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 as-
sociated 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 pro-
vided 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
(9) authoRization of appRopRiations.—There is autho-
rized to be appropriated to the Secretary to provide
grants under this section $10,000,000 for each of fiscal
years 2012 and 2021
54 U.S.C. 308103 note
Prohibition on Lobbying
54 U.S.C. 308103(f)
Authorization of appropriations
244 Federal Historic Preservation Laws
Section 1
This Act may be cited as the “National Maritime Heritage
Act of 1994.”
Section 2
The Congress finds and declares the following:
(1) The United States is a nation with a rich maritime
history, and it is desirable to foster in the American public a
greater awareness and appreciation of the role of maritime
endeavors in our Nation’s history and culture.
(2) The maritime historical and cultural foundations of the
Nation should be preserved as a part of our community life
and development.
(3) National, State, and local groups have been working
independently to preserve the maritime heritage of the
United States.
(4) Historic resources significant to the Nation’s maritime
heritage are being lost or substantially altered, often inad-
vertently, with increasing frequency.
(5) The preservation of this irreplaceable maritime heritage
is in the public interest so that its vital legacy of cultural,
educational, aesthetic, inspirational, and economic benefits
will be maintained and enriched for future generations of
Americans.
(6) The current governmental and nongovernmental
historic preservation programs and activities are inadequate
to ensure future generations a genuine opportunity to
appreciate and enjoy the rich maritime heritage of our
Nation.
(7) A coordinated national program is needed immediately
to redress the adverse consequences of a period of indif-
Pub. L. 103451 Section 1
Short Title
Pub. L. 103451 Section 2
Findings
National Maritime Heritage Act
This act became law on November 2, 1994 (Public Law 103451 section 7). It has been
amended three times. In 2014, Congress reorganized all laws regarding the National Park
Service, including this Act, by moving them to Title 54 of the U.S. Code. For more infor
mation about this change and how it affects this document, please see the Editors’ Note
on Title 54 in the front of this book. In this law, unless specified to the contrary, “Secre
tary” refers to the Secretary of the Interior.
National Maritime Heritage Act 245
National Maritime Heritage Act
ference during which the maritime heritage of the United
States has become endangered and to ensure the future
preservation of the Nation’s maritime heritage.
(8) A national maritime heritage policy would greatly
increase public awareness of, and participation in, the
preservation of the Nation’s maritime heritage.
Section 3
It shall be the policy of the Federal Government, in part-
nership with the States and local governments and private
organizations and individuals, to—
(1) use measures, including financial and technical as-
sistance, 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.
Section 4
(a) establishMent.— There is hereby established in the
Department of the Interior the National Maritime Heritage
Grants Program, to foster in the American public a greater
awareness and appreciation of the role of maritime endeav-
ors in our Nation’s history and culture. The Program shall
consist of—
(1) annual grants to the National Trust for subgrants ad-
ministered by the National Trust for maritime heritage
education projects under subsection (b); and
54 U.S.C. 308701
Policy
54 U.S.C. 308703
Grants
246 Federal Historic Preservation Laws
National Maritime Heritage Act
(2) grants to State Historic Preservation Officers for mari-
time heritage preservation projects carried out or admin-
istered by those Officers under subsection (c).
(b) gRants foR MaRitiMe heRitage eduCation pRojeCts.—
(1) gRants to national tRust.— The Secretary [of the
Interior], subject to paragraph (2), and the availability of
amounts for that purpose under section 308704(b)(1)(A)
[of Title 54] [section 6(b)(1)(A) of this Act], shall make an
annual grant to the National Trust for maritime heritage
education projects.
(2) use of gRants.— Amounts received by the National
Trust as an annual grant under this subsection shall be
used to make subgrants to State and local governments
and private nonprofit organizations to carry out educa-
tion 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;
National Maritime Heritage Act 247
National Maritime Heritage Act
(C) other educational activities relating to historic
maritime resources, including—
(i) maritime educational waterborne-experience pro-
grams in historic vessels or vessel reproductions;
(ii) maritime archaeological 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 cor-
ridors; 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) gRants to state histoRiC pReseRVation offiCes.— The
Secretary, acting through the National Maritime Initiative
of the [National Park] Service and subject to paragraph
(2), and the availability of amounts for that purpose under
section 308704(b)(1)(B) [of Title 54] [section 6(b)(1)(B) of
this Act], shall make grants to State Historic Preservation
Officers for maritime heritage preservation projects.
(2) use of gRants.— Amounts received by a State Historic
Preservation Officer as a grant 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 which have been approved by the
Secretary under subsection (f) for the preservation of
historic maritime resources through—
(A) identification of historic maritime resources, in-
cluding underwater archeological sites;
(B) acquisition of historic maritime resources for the
purposes of preservation;
248 Federal Historic Preservation Laws
National Maritime Heritage Act
(C) repair, restoration, stabilization, maintenance, or
other capital improvements to historic maritime re-
sources, 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) CRiteRia foR diReCt gRant and subgRant eligibility.—
To qualify for a subgrant from the National Trust under sub-
section (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;
National Maritime Heritage Act 249
National Maritime Heritage Act
(4) provide access to the Secretary for the purposes of
any required audit and examination of records of the per-
son; and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) pRoCeduRes, teRMs, and Conditions.—
(1) appliCation pRoCeduRes.— An application for a sub-
grant under subsection (b), or a direct grant or subgrant
under subsection (c), shall be submitted under proce-
dures prescribed by the Secretary.
(2) teRMs and Conditions.— A person may not receive
a subgrant under subsection (b), 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.—
(2) alloCation.— To the extent feasible, the Secretary
shall ensure that the amount made available under sub-
section (b) for maritime heritage education projects is
equal to the amount made available under subsection (c)
for maritime heritage preservation projects.
(3) liMitation.— The amount provided by the Secretary
in a fiscal year as grants under this 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) publiCation of diReCt gRant and subgRant
infoRMation.—The Secretary shall publish annually in the
Federal Register and otherwise as the Secretary considers
appropriate—
250 Federal Historic Preservation Laws
National Maritime Heritage Act
(1) a solicitation of applications for direct grants and sub-
grants 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.
(h) diReCt gRant and subgRant adMinistRation.—
(1) Responsibility.—
(A) national tRust.— The National Trust is respon-
sible for administering subgrants for maritime heritage
education projects under subsection (b).
(B) seCRetaRy.— the Secretary is responsible for ad-
ministering direct grants for maritime heritage preser-
vation projects under subsection (c).
(C) state histoRiC pReseRVation offiCeRs.— State His-
toric Preservation Officers are responsible for admin-
istering subgrants for maritime heritage preservation
projects under subsection (c).
(2) aCtions.— The appropriate responsible party under
paragraph (1) shall administer direct grants or subgrants by
(A) publicizing the Program to prospective grantees,
subgrantees, and to the public at large, in cooperation
with the [National Park] Service, the Maritime Admin-
istration, 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;
National Maritime Heritage Act 251
National Maritime Heritage Act
(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) assistanCe of MaRitiMe pReseRVation oRganizations.—
The Secretary, the 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) RepoRt to CongRess.— The Secretary shall submit to
Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Energy and Natural Re-
sources 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 Com-
mittee 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 title 54] [section 3 of this Act].
252 Federal Historic Preservation Laws
National Maritime Heritage Act
Section 5
[Repealed as obsolete. Created committee that terminated
on 9/30/2000.]
Section 6
(a) aVailability of funds fRoM sale and sCRapping of
obsolete Vessels.—
(1) in geneRal.— Notwithstanding any other provision
of law, the amount of funds credited 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 obso-
lete vessels in the National Defense Reserve Fleet that are
scrapped or sold under section 57102, 57103, or 57104 of
title 46 [section 508 of the Merchant Marine Act]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).
(b) use of aMounts foR pRogRaM.—
(A) in geneRal.— Except as provided in paragraph (2),
of amounts available each fiscal year for the Program
under subsection (a)(1)(C)—
(i) one half shall be used for grants under section
308703(b) [of Title 54] [section 4(b) of this Act]; and
[Repealed]
Advisory Committee
54 U.S.C. 308704
Funding
National Maritime Heritage Act 253
National Maritime Heritage Act
(ii) one half shall be used for grants under section
308703(c) [of Title 54] [section 4(c) of this Act].
(2) adMinistRatiVe expenses.—
(A) in geneRal.— Not more than 15 percent or
$500,000, whichever is less, of the amount available
for the Program under subsection (a)(1)(C) for a fiscal
year may be used for expenses of administering the
Program.
(B) alloCation.— Of the amount available under sub-
paragraph (A) for a fiscal year—
(i) one half shall be allocated to the National Trust for
expenses incurred in administering grants under sec-
tion308703 [of Title 54] [section 4(b) of this Act]; and
(ii) one half shall be allocated as appropriate by the
Secretary to the [National Park] Service and partici-
pating State Historic Preservation Officers.
(c) disposals of Vessels.—
(1) RequiReMent.— The Secretary of Transportation shall
dispose (by sale or by purchase 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 in-
clude provisions requiring the Maritime Adminstration
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 environ-
ment 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
254 Federal Historic Preservation Laws
National Maritime Heritage Act
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 re-
quirements under sections 57102 to 57104 [of Title 46]
[Merchant Marine Act].
(2) desCRiption of Vessels.— The vessels referred to in
paragraph (1) are the vessels in the National Defense Re-
serve 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) tReatMent of aVailable aMounts.— Amounts available
under this section shall not be considered in any determi-
nation of the amounts available to the Department of the
Interior.
Section 7
In this chapter [Act]:
(1) national tRust.—The term “National Trust’’ means
the National Trust for Historic Preservation established
under section 312102 [of Title 54].
(2) pRiVate nonpRofit oRganization.— The term “private
nonprofit organization” means any person that is exempt
from taxation under section 501(a) of the Internal Rev-
enue Code of 1986 (26 U.S.C. 501(a)) and described in
section 501(c)(3) of the Internal Revenue Code (26 U.S.C.
501(c)(3)).
(3) pRogRaM.— The term “Program” means the National
Maritime Heritage Grants Program established by sec-
tion 308703(a) of this title [of Title 54] [section 4(a) of this
Act].
54 U.S.C. 308702
Definitions
National Maritime Heritage Act 255
National Maritime Heritage Act
(4) state histoRiC pReseRVation offiCeR.— The term
“State Historic Preservation Officer” means a State His-
toric Preservation Officer appointed pursuant to section
302301(1) [of Title 54] [section 101(b)(1)(A) of the National
Historic Preservation Act] by the chief executive of a
State having a State Historic Preservation Program ap-
proved by the Secretary under that section.
Section 8
The Secretary, after consultation with the National Trust, the
National Conference of State Historic Preservation Officers,
and appropriate members of the maritime heritage com-
munity, shall promulgate appropriate guidelines, procedures,
and regulations to carry out the chapter [Act], including di-
rect 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, adminis-
trative requirements, reporting and recordkeeping require-
ments, and any other requirements the Secretary considers
appropriate.
Section 9
The authorities contained in this chapter [Act] shall be in
addition to, and shall not be construed to supersede or
modify those contained in [the National Historic Preserva-
tion Act (54 U.S.C. 300101 et. seq.)]
[Remainder of Act Omitted]
[Added 2014]
(a) in geneRal.— America’s National Maritime Museum
shall be comprised of those museums 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.
54 U.S.C. 308706
Regulations
54 U.S.C. 308707
Applicability of Other
Authorities
54 U.S.C. 308705
Maritime Museum Designation
256 Federal Historic Preservation Laws
National Maritime Heritage Act
(b) initial designation of MuseuMs.— The following mu-
seums (meeting the criteria specified in 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) futuRe designation of otheR MuseuMs not
pReCluded.— The designation 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) RefeRenCe to MuseuMs.—Any reference in any law, map,
regulation, document, paper, 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 America’s
National Maritime Museum.
Save America’s Treasures 257
Sec. 7303
(b) definitions.— In this chapter [Act]:
(1) ColleCtion.— The term ‘‘collection’’ means a collec-
tion of intellectual and cultural artifacts, including docu-
ments, sculpture, and works of art.
(2) eligible entity.— The term ‘‘eligible entity’’ means a
Federal entity, State, local, or tribal government, educa-
tional institution, or nonprofit organization.
(3) histoRiC pRopeRty.— The term ‘‘historic property’’ has
the meaning given the term in section 300308 [of title 54]
[section 301 of the National Historic Preservation Act] .
(4) nationally signifiCant.— The term ‘‘nationally sig-
nificant,’’ in reference to a 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 Title 54] [section 101(a)(2) of the Na-
tional Historic Preservation Act].
(5) pRogRaM.— The term ‘‘program’’ means the Save
America’s Treasures Program established under section
308902(a) [of title 54] [subsection (c)(1) of this Act].
(6) seCRetaRy.— The term ‘‘Secretary’’ means the Secre-
tary [of the Interior], acting through the Director [of the
National Park Service].
(c) establishMent.—
(1) in geneRal.— There is established in the Department
of the Interior the Save America’s Treasures program.
(2) paRtiCipants.— In consultation and partnership with
the National Endowment for the Arts, the National En-
54 U.S.C. 308901
Definitions
54 U.S.C. 308902
Establishment
Save America’s Treasures
Save America’s Treasures (Pub. L. 11111, 54 U.S.C. 3089 et. seq.) was originally created in
1998 and continued for nearly two decades. In 2009 a new Originating Act for the pro
gram was passed by Congress, eliminating the grants in 2010. This Act was included in
the 2014 creation of title 54, and the grant program was reinstated starting in fiscal year
2018. For more information about this change and how it affects this document, please
see the Editors’ Note on Title 54 in the front of this book. In this law, unless specified to
the contrary, “Secretary” refers to the Secretary of the Interior.
258 Federal Historic Preservation Laws
dowment for the Humanities, the Institute of Museum
and Library Services, the National Trust for Historic
Preservation in the United States, the National Confer-
ence of State Historic Preservation Officers, the National
Association of Tribal Historic Preservation Officers, and
the President’s Committee on the Arts and Humanities,
the Secretary shall use the amounts made available under
section 308905 [of Title 54] [subsection 3 of this Act] to
provide grants to eligible entities for projects to preserve
nationally significant collections and historic property.
(a) deteRMination of gRants.— Of the amounts made avail-
able for grants under section 308905 [of Title 54] [subsec-
tion (e) of this Act], 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
eligibility criteria established under [paragraph (d)].
(b) appliCations foR gRants.— To be considered for a grant
under the program an eligible entity shall submit to the
Secretary an application containing such information as the
Secretary may require.
(c) ColleCtions and histoRiC pRopeRty eligible foR CoM-
petitiVe gRants.—
(1) in geneRal.— A collection or historic property shall be
provided a grant under the program only if the Secretary
determines that the collection or historic property is—
(i) nationally significant; and
(ii) threatened or endangered.
(2) eligible ColleCtions.— A determination by the Sec-
retary regarding the national significance of a collection
under [subparagraph (1)(a)] shall be made in consultation
with the organizations described in section 308902(b) [of
Title 54] [subsection (a)], as appropriate.
54 U.S.C. 308903
Grants
Save America’s Treasures
Save America’s Treasures 259
Save America’s Treasures
(3) eligible histoRiC pRopeRty.— To be eligible for a grant
under the program, a historic property shall, as of the
date of the grant application—
(A) be listed in 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) in geneRal.— The Secretary shall not provide a grant
under this [Act] to a project for an eligible collection or
historic property unless the project—
(A) eliminates or substantially mitigates the threat of
destruction or deterioration of the eligible 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) pRefeRenCe.— In providing grants under this chapter
[section], the Secretary may give preference to projects
that carry out the purposes of both the program and the
Preserve America Program [54 U.S.C. 3111].
(3) liMitation.— In providing grants under this [section],
the Secretary shall only provide only one grant to each
eligible project selected for a grant.
(e) Consultation and notifiCation by seCRetaRy.—
(1) Consultation.—
(A) in geneRal.— Subject to subparagraph (B), the
Secretary shall consult with the organizations described
in section 308902(b) [of Title 54] [subsection (a) of this
Act] in preparing the list of projects to be provided
grants for a fiscal year under the program.
(B) liMitation.— If an organization described in
308902(b) [of Title 54] [subsection (a) of this Act] has
260 Federal Historic Preservation Laws
Save America’s Treasures
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 Title 54] [paragraph (1) of this
section].
(2) notifiCation.— Not later than 30 days before the
date on which the Secretary provides grants for a fiscal
year under the program, the Secretary shall submit to
the Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate, and the
Committee on Natural Resources and the 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) in geneRal.— The non-Federal share of the cost of
carrying out a project provided a grant under this chapter
[section] shall be not less than 50 percent of the total cost
of the project.
(2) foRM of non-fedeRal shaRe.— The non-Federal
share required under [paragraph (1)] 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) RequiReMent.— The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under paragraph (1) [subparagraph (A) of this
Act] before a grant is provided to the eligible project un-
der the program.
(d) The Secretary shall develop any guidelines and prescribe
any regulations that the Secretary determines to be neces-
sary to carry out this chapter [Act].
54 U.S.C. 308904
Guidelines and Regulations
Save America’s Treasures 261
Save America’s Treasures
(e) There is authorized to be appropriated to carry out this
chapter [Act] $50,000,000 for each fiscal year, to remain
available until expended.
54 U.S.C. 308905
Authorization of Appropriations
262 Federal Historic Preservation Laws
puRpose.— The purpose of this section is to authorize the
Preserve America Program, including—
(1) the Preserve America grant program within the
Department of the Interior;
(2) the recognition programs administered by the Advi-
sory Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and
the private sector, to support and promote the preserva-
tion of historic resources.
definitions.— In this chapter [section]:
(1) CounCil— The term ‘‘Council’’ means the Advisory
Council on Historic Preservation.
(2) heRitage touRisM.— The term ‘‘heritage tourism’’
means the conduct of activities to attract and accom-
modate 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) pRogRaM.— The term ‘‘program’’ means the Preserve
America Program established under section 311102(a) [of
title 54] [subsection (c)(1) of this Act].
establishMent.—
(1) in geneRal.— There is established in the Department
of the Interior the Preserve America Program, under
which the Secretary, in partnership with the Council,
may provide competitive grants to States, local govern-
ments (including local governments in the process of
applying for designation as Preserve America Commu-
nities under section 311103 [of Title 54] [subsection (d)
of this Act]), Indian tribes, communities designated as
Pub. L. 11111, 7302(a)
[not repealed but omitted from
title 54]
54 U.S.C. 311101
Definitions
54 U.S.C. 311102
Establishment
Preserve America
Preserve America (Pub. L. 11111 7302(a), 54 U.S.C. 3111 et. seq.) was established in
2003 through an executive order, and was permanently authorized by Congress in 2009.
In 2014, Congress reorganized all laws regarding the National Park Service, including
this Act, by moving them to Title 54 of the U.S. Code. For more information about this
change and how it affects this document, please see the Editors’ Note on Title 54 in the
front of this book. In this law, unless specified to the contrary, “Secretary” refers to the
Secretary of the Interior.
Preserve America 263
Preserve America
Preserve America Communities under section 311103 [of
Title 54] [subsection (d) of this Act], State historic pres-
ervation offices, and tribal historic preservation offices
to support preservation efforts through heritage tourism,
education, and historic preservation planning activities.
(b) eligible pRojeCts.—
(1) in geneRal.— The following projects shall be eligible
for a grant under this [section]:
(A) A project for the conduct of—
(i) research on, and documentation of, the history of
a community; and
(ii) surveys of the historic resources of a community.
(B) An education and interpretation project that con-
veys the history of a community or site.
(C) A planning project (other than building rehabilita-
tion) that advances economic development using heri-
tage 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 re-
sources.
(E) A project to support heritage tourism in a Preserve
America Community designated under section 311103
[of Title 54] [subsection (d) of this Act].
(F) Other nonconstruction projects that identify or pro-
mote historic properties or provide for the education of
the public about historic properties that are consistent
with the purposes of this chapter [Act].
(2) liMitation.— In providing grants under this chapter
[Act], the Secretary shall provide only one grant to each
eligible project selected for a grant.
264 Federal Historic Preservation Laws
Preserve America
(c) pRefeRenCe.— In providing grants under this [section],
the Secretary may give preference to projects that carry out
the purposes of both the program and the Save America’s
Treasures Program.
(d) Consultation and notifiCation.—
(1) Consultation.— The Secretary shall consult with the
Council in preparing the list of projects to be provided
grants for a fiscal year under the program.
(2) notifiCation.— Not later than 30 days before the
date on which the Secretary provides grants for a fiscal
year under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources and Com-
mittee on Appropriations of the Senate and the Com-
mittee on Natural Resources and the Committee on Ap-
propriations 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) in geneRal.— The non-Federal share of the cost of
carrying out a project provided a grant under this chapter
shall be not less than 50 percent of the total cost of the
project.
(2) foRM of non-fedeRal shaRe.— The non-Federal
share required under paragraph (1) 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) RequiReMent.— The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a fea-
sible plan for securing, the non-Federal share for an eli-
gible project required under paragraph (1) before a grant
is provided to the eligible project under the program.
Preserve America 265
Preserve America
designation of pReseRVe aMeRiCa CoMMunities.—
(a) appliCation.— To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(b) CRiteRia.— To be designated as a Preserve America
Community under the program, a community, tribal area,
or neighborhood that submits an application under sub-
section (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 com-
munity, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal area,
or neighborhood for economic development and com-
munity revitalization; and
(3) encouragement of people to experience and appreci-
ate local historic resources through education and heri-
tage tourism programs.
(c) loCal goVeRnMents pReViously CeRtified foR histoRiC
pReseRVation aCtiVities.— The Council shall establish an
expedited process for Preserve America Community des-
ignation for local governments previously certified for his-
toric preservation activities under section 302502 [of Title
54] [section 101(c)(1) of the National Historic Preservation
Act].
(d) guidelines.— The Chairman of the Council, in consul-
tation with the Secretary, shall establish any guidelines that
are necessary to carry out this section.
Regulations.— The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to
be necessary to carry out this chapter [Act].
54 U.S.C. 311103
Designation of Preserve America
Communities
54 U.S.C. 311104
Regulations
266 Federal Historic Preservation Laws
Preserve America
authoRization of appRopRiations.— There is authorized
to be appropriated to carry out this chapter [section]
$25,000,000 for each fiscal year, to remain available until
expended.
54 U.S.C. 311105
Authorization of Appropriations
Sunken Military Craft Act 267
Section 1401. PRESERVATION OF TITLE.
Right, title, and interest of the United States in and to any
United States sunken military craft—
(1) shall not be extinguished except by an express
divestiture of title by the United States; and
(2) shall not be extinguished by the passage of time,
regardless of when the sunken military craft sank.
Section 1402. PROHIBITIONS.
(a) unauthoRized aCtiVities diReCted at sunken MilitaRy
CRaft.— No person shall engage in or attempt to engage in
any activity directed at a sunken military craft that disturbs,
removes, or injures any sunken military craft, except—
(1) as authorized by a permit under this Act;
(2) as authorized by regulations issued under this Act; or
(3) as otherwise authorized by law.
(b) possession of sunken MilitaRy CRaft.— No person may
possess, disturb, remove, or injure any sunken military craft
in violation of—
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable law.
(c) liMitations on appliCation.—
(1) aCtions by the united states.— This section shall
not apply to actions taken by, or at the direction of, the
United States.
(2) foReign peRsons.— This section shall not apply to
any action by a person who is not a citizen, national, or
10 U.S.C. 113 Note
Preservation of title to sunken
military craft and associated
contents
Prohibitions
Sunken Military Craft Act
This portion (Division A, Title XIV) of the Ronald W. Reagan National Defense Authori
zation Act for Fiscal Year 2005, is commonly known as the Sunken Military Craft Act. It
became law on October 28, 2004 (Public Law 108375, 10 U.S.C. 113 Note and 118 Stat.
20942098). This version of the Act follows the organization and structure of the original
document while using the updated language from the U.S. Code except that it refers to
the “Act” rather than to the “subchapter” or the “title” of the code. In this law, unless
specified to the contrary, “Secretary” refers to the Secretary of Defense.
268 Federal Historic Preservation Laws
Sunken Military Craft Act
resident alien of the United States, except in accordance
with—
(A) generally recognized principles of international law;
(B) an agreement between the United States and the
foreign country of which the person is a citizen; or
(C) in the case of an individual who is a crew member
or other individual on a foreign vessel or foreign
aircraft, an agreement between the United States and
the flag State of the foreign vessel or aircraft that applies
to the individual.
(3) loan of sunken MilitaRy CRaft.— This section does
not prohibit the loan of United States sunken military
craft in accordance with regulations issued by the Secre-
tary concerned.
Section 1403. PERMITS.
(a) in geneRal.— The Secretary concerned may issue a per-
mit authorizing a person to engage in an activity otherwise
prohibited by section 1402 with respect to a United States
sunken military craft, for archaeological, historical, or edu-
cational purposes, in accordance with regulations issued by
such Secretary that implement this section.
(b) ConsistenCy With otheR laWs.— The Secretary con-
cerned shall require that any activity carried out under a
permit issued by such Secretary under this section must be
consistent with all requirements and restrictions that apply
under any other provision of Federal law.
(c) Consultation.— In carrying out this section (including
the issuance after the date of the enactment of this Act [Oct.
28 2004] of regulations implementing this section), the Sec-
retary concerned shall consult with the head of each Fed-
eral agency having authority under Federal law with respect
to activities directed at sunken military craft or the locations
of such craft.
(d) appliCation to foReign CRaft.— At the request of any
foreign State, the Secretary of the Navy, in consultation with
Permits
Sunken Military Craft Act 269
Sunken Military Craft Act
the Secretary of State, may carry out this section (includ-
ing regulations promulgated pursuant to this section) with
respect to any foreign sunken military craft of that foreign
State located in United States waters.
Section 1404. PENALTIES.
(a) in geneRal.— Any person who violates this title [Title
10] [Act], or any regulation or permit issued under this title
[Title 10] [Act], shall be liable to the United States for a civil
penalty under this section.
(b) assessMent and aMount.— The Secretary concerned
may assess a civil penalty under this section, after no-
tice and an opportunity for a hearing, of not more than
$100,000 for each violation.
(c) Continuing Violations.— Each day of a continued vio-
lation of this title [Title 10] [Act] or a regulation or permit
issued under this Act shall constitute a separate violation for
purposes of this section.
(d) in ReM liability.— A vessel used to violate this title
[Title 10] shall be liable in rem for a penalty under this sec-
tion for such violation.
(e) otheR Relief.— If the Secretary concerned determines
that there is an imminent risk of disturbance of, removal of,
or injury to any sunken military craft, or that there has been
actual disturbance of, removal of, or injury to a sunken mili-
tary craft, the Attorney General, upon request of the Secre-
tary concerned, may seek such relief as may be necessary to
abate such risk or actual disturbance, removal, or injury and
to return or restore the sunken military craft. The district
courts of the United States shall have jurisdiction in such a
case to order such relief as the public interest and the equi-
ties of the case may require.
(f) liMitations.— An action to enforce a violation of section
1402 or any regulation or permit issued under this title [Title
10] may not be brought more than 8 years after the date on
which—
Penalties
270 Federal Historic Preservation Laws
Sunken Military Craft Act
(1) all facts material to the right of action are known or
should have been known by the Secretary concerned; and
(2) the defendant is subject to the jurisdiction of the ap-
propriate district court of the United States or adminis-
trative forum.
Section 1405, LIABILITY FOR DAMAGES.
(a) in geneRal.— Any person who engages in an activity
in violation of section 1402 or any regulation or permit is-
sued under this title [Title 10] [Act] that disturbs, removes,
or injures any United States sunken military craft shall pay
the United States enforcement costs and damages resulting
from such disturbance, removal, or injury.
(b) inCluded daMages.— Damages referred to in subsection
(a) may include—
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any
sunken military craft that is disturbed, removed, or in-
jured in violation of section 1402 or any regulation or per-
mit issued under this title [Title 10] [Act]; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any
information of an archaeological, historical, or cultural
nature.
Section 1406. RELATIONSHIP TO OTHER
LAWS.
(a) in geneRal.— Except to the extent that an activity is
undertaken as a subterfuge for activities prohibited by this
title [Title 10] [Act], nothing in this title [Title 10] [Act] is
intended to affect—
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including—
(A) the laying of submarine cables and pipelines;
Liability for Damages
Relationship to other laws
Sunken Military Craft Act 271
Sunken Military Craft Act
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea related
to such freedoms.
(b) inteRnational laW.— This title [Title 10] [Act] and any
regulations implementing this title [Title 10] [Act] shall be
applied in accordance with generally recognized principles
of international law and in accordance with the treaties,
conventions, and other agreements to which the United
States is a party.
(c) laW of finds.— The law of finds shall not apply to—
(1) any United States sunken military craft, wherever
located; or
(2) any foreign sunken military craft located in United
States waters.
(d) laW of salVage.— No salvage rights or awards shall be
granted with respect to—
(1) any United States sunken military craft without the
express permission of the United States; or
(2) any foreign sunken military craft located in United
States waters without the express permission of the
relevant foreign state.
(e) laW of CaptuRe oR pRize.— Nothing in this title [Title 10]
[Act] is intended to alter the international law of capture or
prize with respect to sunken military craft.
(f) liMitation of liability.— Nothing in sections 4281
through 4287 and 4289 of the Revised Statutes ([former] 46
U.S.C. App. 181 et seq.) [see chapter 305 of Title 46, ship-
ping] or section 3 of the Act of February 13, 1893 (chapter
105; 27 Stat. 445; [former] 46 U.S.C. App. 192), shall limit the
liability of any person under this section.
272 Federal Historic Preservation Laws
Sunken Military Craft Act
(g) authoRities of the CoMMandant of the Coast guaRd.—
Nothing in this title [Title 10] [Act] is intended to preclude
or limit the application of any other law enforcement au-
thorities of the Commandant of the Coast Guard.
(h) pRioR delegations, authoRizations, and Related Regu-
lations.— Nothing in this title [Title 10] [Act] shall invali-
date any prior delegation, authorization, or related regula-
tion that is consistent with this Act.
(i) CRiMinal laW.— Nothing in this title [Title 10] [Act] is in-
tended to prevent the United States from pursuing criminal
sanctions for plundering of wrecks, larceny of Government
property, or violation of any applicable criminal law.
Section 1407. ENCOURAGEMENT
OF AGREEMENTS WITH FOREIGN
COUNTRIES.
The Secretary of State, in consultation with the Secretary of
Defense, is encouraged to negotiate and conclude bilateral
and multilateral agreements with foreign countries with re-
gard to sunken military craft consistent with this title [Title
10] [Act].
Section 1408. DEFINITIONS.
In this title [Title 10] [Act]:
(1) assoCiated Contents.— The term “associated con-
tents” means—
(A) the equipment, cargo, and contents of a sunken
military craft that are within its debris field; and
(B) the remains and personal effects of the crew and
passengers of a sunken military craft that are within its
debris field.
(2) seCRetaRy ConCeRned.— The term “Secretary con-
cerned” means—
(A) subject to subparagraph (B), the Secretary of a
military department; and
Agreements with other nations
Definitions
Sunken Military Craft Act 273
Sunken Military Craft Act
(B) in the case of a Coast Guard vessel, the Secretary of
the Department in which the Coast Guard is operating.
(3) sunken MilitaRy CRaft.— The term “sunken military
craft” means all or any portion of—
(A) any sunken warship, naval auxiliary, or other vessel
that was owned or operated by a government on mili-
tary noncommercial service when it sank;
(B) any sunken military aircraft or military spacecraft
that was owned or operated by a government when it
sank; and
(C) the associated contents of a craft referred to
in subparagraph (A) or (B), if title thereto has not
been abandoned or transferred by the government
concerned.
(4) united states Contiguous zone.— The term “United
States contiguous zone” means the contiguous zone of
the United States under Presidential Proclamation 7219,
dated September 2, 1999 [43 U.S.C. 1331 note].
(5) united states inteRnal WateRs.— The term “United
States internal waters” means all waters of the United
States on the landward side of the baseline from which
the breadth of the United States territorial sea is mea-
sured.
(6) united states teRRitoRial sea.— The term “United
States territorial sea” means the waters of the United
States territorial sea under Presidential Proclamation
5928, dated December 27, 1988.
(7) united states WateRs.— The term “United States wa-
ters” means United States internal waters, the United
States territorial sea, and the United States contiguous
zone.
274 Federal Historic Preservation Laws
Section 1
(a) in geneRal.—The Secretary [of the Interior] may make
annual grants to State historic preservation offices for not
more than 5 years to assist the State historic preservation
offices in surveying, evaluating, and nominating to the Na-
tional Register of Historic Places women’s rights history
properties.
(b) eligibility.—In making grants under subsection (a), the
Secretary shall give priority to 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) updates.—The Secretary shall ensure that the National
Register travel itinerary website entitled ‘‘Places Where
Women Made History’’ is updated to contain—
(1) the results of the inventory conducted under subsec-
tion (a); and
(2) any links to websites related to places on the inven-
tory.
(d) Cost-shaRing RequiReMent.—The Federal share of the
cost of any activity carried out using any assistance made
available under this subsection shall be 50 percent.
(e) authoRization of appRopRiations.—There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2012 and 2013.
Section 2
(a) gRants.—The Secretary may make matching grants and
give technical assistance for 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
54 U.S.C. 308501
National Women’s Rights
History Project Registry
54 U.S.C. 308502
Partnerships Network
National Women’s Rights History Project
The National Women’s Rights History Project Act (Pub. L. 11111 7111, 54 U.S.C. 308501
et. seq.) was passed in 2009. In 2014, Congress reorganized all laws regarding the Nation
al Park Service, including this Act, by moving them to Title 54 of the U.S. Code. For more
information about this change and how it affects this document, please see the Editors’
Note on Title 54 in the front of this book. In this law, unless specified to the contrary,
“Secretary” refers to the Secretary of the Interior.
National Women’s Rights History Project 275
National Women’s Rights History Project
of national women’s rights history, including historic pres-
ervation.
(b) ManageMent of netWoRk.—
(1) in geneRal.—Through a competitive process, the Sec-
retary shall designate a nongovernmental managing entity
to manage the network.
(2) CooRdination.—The nongovernmental managing en-
tity designated under paragraph (1) shall work in partner-
ship with the Director [of the National Park Service] and
State historic preservation offices to coordinate operation
of the network.
(c) Cost-shaRing RequiReMent.—
(1) in geneRal.—The Federal share of the cost of any
activity carried out using any assistance made available
under this section shall be 50 percent.
(2) state histoRiC pReseRVation offiCes.—Matching grants
for historic preservation specific to the network may be
made available through State historic preservation offices.
(d) authoRization of appRopRiations.—There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal 2012 and 2013.
Pictured: Observation tower at Antietam National Battlefield in Washington County, Maryland. Since
its creation in 1991, the American Battlefield Protection Program has helped preserve hundreds of
battlefields like this one through a combination of grants and technical assistance. Photograph by
Renee Bieretz courtesy of the Historic American Buildings Survey.
Appendix 277
Appendix
Selected Regulations and Standards from the Code of Federal Regulations (CFR) Related
to Historic Preservation. Full text is available at www.ecfr.gov.
CFR Location Subject
23 CFR Part 771 Environmental Impact and Related Procedures for the
Department of Transportation
26 CFR Part 1.48-12 Income Tax: Investment Tax Credit for Qualified
Rehabilitation Expenditures
26 CFR Part 1.170A-14 Income tax: Qualified Conservation Contributions
36 CFR Part 60 National Register of Historic Places
36 CFR Part 61 Procedures for State, Tribal, and Local Government
Historic Preservation Program
36 CFR Part 63 Determinations of Eligibility for Inclusion in the National
Register of Historic Places
36 CFR Part 65 National Historic Landmarks Program
36 CFR Part 67 Historic Preservation Tax Incentive Certifications
36 CFR Part 68 The Secretary of the Interior’s Standards for the Treatment
of Historic Properties
35 CFR Part 73 World Heritage Convention
36 CFR Part 78 Waiver of Federal Agency Responsibilities Under Section 110
of the National Historic Preservation Act
36 CFR Part 79 Curation of Federally Owned and Administered
Archaeological Collections
36 CFR Part 800 Protection of Historic Properties – Advisory Council on
Historic Preservation
40 CFR Parts 1500-1517 Council on Environmental Quality
41 CFR Part 101-17 Assignment and Utilization of Space – General Services
Administration
41 CFR Part 101-20 Management of Buildings and Grounds – General Services
Administration
43 CFR Part 3 Preservation of American Antiquities
43 CFR Part 7 Protection of Archaeological Resources
43 CFR Part 10 Native American Graves Protection and Repatriation Act
278 Federal Historic Preservation Laws
Index
appeals, National Register,
43, 44, 45, 46, 47, 49, 55, 91
appropriations, 7, 9, 16, 22, 35, 36, 38, 60, 65,
66, 68, 69, 71, 85, 86, 88, 93, 95, 106, 110,
116, 117, 165, 168, 170, 192, 215, 231,
241, 243, 260, 261, 264, 266, 274, 275
aquaculture facilities, 153, 164
Archaeological Resources Protection Act,
48, 197, 219
archaeology. See Archeological Resources
Protection Act; Archeological and
Historic Preservation Act,
See also Archeological Recovery Act
collections, 277
excavations, 8, 78
professionals, 77, 80, 91, 108
research, 78, 268
resources, 8, 15, 16, 17, 52, 77, 78, 177–190,
277
Archeological and Historic Preservation Act,
34–39
Archeological Recovery Act, 34
archeology. See archaeology
Architect of the Capitol, 79
architects and architecture professionals,
77, 80, 91, 108
architectural historians, 91
Army, Secretary of, 8
arrowheads, 184, 185
Attorney General (US), 30
audits, 28, 50, 249
awards program, 75
B
barrier islands, 152
battlefields, 241–243
beaches, 152, 155, 156
Board of Trustees, National Trust, 29, 30
building arts, defined, 96
Bureau of Land Management, 238
burial site, defined, 214. See also Native
American Graves Protection and
Repatriation Act
A
Abandoned Shipwreck Act, 197–201
access rights, 198
accountability standards, 50
acquisitions, property, 12, 15, 16, 22, 32, 61, 68,
90, 93, 123, 137, 166, 169, 173, 191, 192,
216, 217, 221, 222, 223, 242, 247, 252
ADA (Americans with Disabilities) Act, 26
adaptive reuse, 76, 119, 166, 168, 170
adverse effects, 73, 74, 75, 76, 88, 112, 126, 127,
133, 140, 150, 151, 154, 157, 244
advertising, outdoor, 239, 240
Advisory Board, National Park System,
17, 21, 27, 33
Advisory Council, National Park Service, 21
Advisory Council on Historic Preservation
appeals role, 47
membership and administration, 2, 79–89
Section 106 consultation, 57, 59, 70, 94
Section 110 consultation, 62, 74, 94
Section 111 consultation, 76
shipwrecks, guidelines consultation, 199
SHPO cooperation, 51
Transportation, Department of,
consultation, 167
tribal consultation, 59
World Heritage participation, 111
agencies, Federal, responsibilities, 72–76
Agriculture, Secretary of, 8, 62, 79, 125, 188,
190
aircraft, 268
airline ticket offices, 167
Alaska Native Claims Settlement Act,
89, 179, 215, 216, 219
Aleuts, 174
all-American roads, 239
American Battlefield Protection Act, 241–243
American Indian Religious Freedom Act,
174, 175, 176, 188
American Indians, 174. See also Indian
Tribes, Native Americans
American Samoa, 38, 89, 137, 155, 197, 198
Americans with Disabilities Act (ADA), 26
Amtrak Improvement Act, 166–170
Antiquities Act, 7–8, 27, 112, 181
antiquity, objects of, 7, 8, 277
Index
Index 279
Index
conservation, 9, 63, 90, 136–139, 204
conservation contribution, defined, 203
conservationists, 77, 91, 238
construction delays, 36–37
consultants/experts, 38, 85, 167
contiguous zone (US), 273–274
contracts, 16–17, 20, 32, 38, 49–53, 58, 68–69,
77–78, 110, 241
conveyance of properties, 23, 25, 27–28, 68,
98–104
cooperative agreements
associations/organizations,
16, 22, 32, 38, 51, 110, 251
battlefields, 241
corporations, 16, 32, 38
educational/scientific institutions, 22, 38, 51,
110
governmental, 16, 22, 32, 38, 110
individuals, 16, 22, 32, 38
light stations/lighthouses, 100
National Museum for Building Arts, 95–96
tribes, 58, 110
Cooperative Park Study Units, 109
corporations, special, 13–14
costs
damage, 137–138, 270
legal, 94
project, 38–39, 64–65, 69, 74, 142, 168–170
response, 39
Council on Environmental Quality,
131, 133, 277
covenants, 104–106
criteria, National Register/Historic Landmarks,
43–44
cultural affiliation, 214, 218, 221–224,
227–228
cultural anthropology, 91–92
cultural authorities, tribal, 58
cultural environment, 112
cultural heritage, 1, 60, 119
cultural items, defined, 214–215.
See also Native American cultural
items; sacred sites and objects;
traditional cultural properties
cultural park, defined, 90
cultural patrimony, defined, 215
C
Canada, 155, 163, 235
Capitol building, 70
capture or prize, law of, 271
certified local governments, 2, 44, 55, 66, 75, 92
certified rehabilitation, 203, 209, 210
civil penalties, 149, 181, 184–186, 185, 229, 269
claims, repatriation, 218, 225
Coastal Nonpoint Pollution Control
Program, 160
coastal zone enhancement objective, defined,
163
coastal zone management, 141, 150–165
Coastal Zone Management Act, 150–165
Coast Guard, 106, 146, 272, 273
Coast Guard Authorization Act of 1998, 99
colleges/universities, 8, 63, 116–118
Columbia River Basin Treaty, 163
commemoration, 15–16, 94, 191–192,
232–234
Commerce, Secretary/Department of, 122,
137, 155, 199, 238
Compact of Free Association, 61
compatible uses, 27, 114, 140
compensation
board/committee, 18–19, 31, 83–84, 239
damage, 36–37
delays in construction, 36–37
concessions, 16
condemnation of property, 159
confidential information, 94, 188
conflict resolution, 151, 159, 227
Congressional committees
Appropriations (House and Senate), 88
Committee on Commerce, Science, and
Transportation (Senate), 140, 251
Committee on Energy and Natural
Resources (Senate), 10, 13, 39, 88, 111,
188, 191, 251, 260, 264
Committee on Natural Resources (House),
39, 88, 111, 188, 191, 251, 260, 264
Committee on Resources (House),
10, 13, 140
Congressional findings, 41, 106, 135, 150–
154, 177, 197, 232, 244
Congressional resolutions, 11
280 Federal Historic Preservation Laws
Index
enforcement, 138, 140, 142, 146, 159, 186, 231,
270–271
engineering documentation and records,
15, 47
environmental impacts, 75, 132–134, 141, 277
Environmental Protection Agency, 142
environmental quality, 131, 237, 277
erosion, 150, 152, 157
Eskimos, 174
estuaries, 152
ethnic/minority groups, 60
exclusive economic zone, 137–138, 151
Executive Order 11593, 112
Executive Order 13287, 118–123
Executive Order No. 13006, 72
exemptions, 70, 75, 87, 129, 161, 183
experts/consultants, 38, 85, 167
F
Federal Advisory Committee Act, 87
Federal Agency Preservation Officers, 74
Federal agency responsibility, 62, 72–77
Federal Financing Bank, 69
Federal Lands Highways Program, 125
Federal projects/properties, 34–
35, 42, 51, 62, 70, 72, 74, 89, 112
Federal Property and Administrative Services
Act, 23–28, 98
Federal Register, 3, 44, 46, 66, 96, 145, 199,
222, 249
financial/administrative services, 85
financial assistance, 35, 53, 58, 63, 90, 151,
166, 168–169, 241. See also grants, tax
programs
finds, law of, 201, 271
fines/penalties, 7, 149, 181, 183, 186, 220
fishing/fishermen, 140–
141, 150, 153, 164, 199, 271
flooding, 34
floodplains, 152
foreclosure, 68, 123
foreign policy, 134. See also international
cooperation
Forest Service, Chief, 237
forests, national, 178
forfeitures, 186–187
curation, 47, 60, 63, 90–92, 108, 138, 147, 182,
270, 277
D
dams, construction of, 34
databases, 52, 78, 189
data recovery, 35–36
debt obligation, 69
deed restrictions, 25, 28
defense, national, 150, 153, 267–273
Defense, Secretary/Department of, 62, 141–
142, 146, 188–190, 272
demolition, 73, 75
Demonstration Cities and Metropolitan De-
velopment Act of 1966, 173
demonstration projects, 60
Department of Transportation Act (Section
4(f)), 125
Department of Transportation Act (Section
4(i)), 166–170
designation, defined, 55
development issues, 41, 119–122
disabilities, 26
disasters, natural, 37, 75
District of Columbia, 17, 23, 30–
31, 38, 89, 96, 137, 179, 185, 197, 233
districts, historic, 43, 47, 60, 89, 123, 205
documentation standards, 47, 221
donations/gifts, 29, 71, 78, 86, 93, 110, 121
E
easements, 78, 100, 111
ecology, 131, 134–140, 143, 148, 150, 152, 157,
159, 164
economic benefits, 41
education. See colleges/universities; training
institutions, 8, 15, 22, 51, 82, 182–183
opportunities, 12, 198, 268
professional training, 63, 82
programs, 17, 63, 95, 98
Education, Secretary of, 23
eligibility determinations, 44, 52, 170, 200
emergencies, 37, 75
energy development, 141, 150
Energy, Secretary of, 142
Index 281
Index
Guam, 38, 89, 137, 155, 179, 197–198
guidelines
protection/preservation, 78
underwater resources, 199
H
habitat areas, 135–136, 139–140, 147,
150–152, 198, 204
Hawaiian Homes Commission Act, 217
Health and Human Services, Secretary of, 24
heritage, 41, 118–119, 122–123.
See also cultural heritage
highway relocation, 34
Historically Black Colleges and Universities
Historic Building Restoration and
Preservation, 116
Historic American Buildings Survey, 114
Historic American Engineering Record, 114
historic districts, 43, 47, 60, 89, 123, 205, 210
Historic Lease Process Simplification, 123
historic preservation, defined, 90
Historic Preservation Fund, 60–61, 68–72,
91–92, 117, 199
historic preservationists, 4, 60, 80, 82, 199, 238
historic resources, 1–2, 5, 41, 77, 244, 247,
262–263, 265.
See specific resource types
Historic Sites Act, 1, 15–22
Historic Sites, Buildings, and Antiquities Act,
27
historic structure, certified, defined, 210
housing, 24–26
Housing and Urban Development, Secretary
of, 24–26, 125
Hui Malama I Na Kupuna O Hawai’i Nei,
92, 215–216
I
incentives, financial, 52, 136, 277
Indian Affairs, 238
Indian lands, 179. See tribal lands
Indian tribes. See American Indians; Native
American Graves Protection and Re-
patriation Act; Native Americans
Advisory Council membership, 80
archaeological excavation/removal, 181
fossil fuels, 150
funerary objects, 214, 217, 220–224
G
General Services Administration, 23, 62,
95–96, 104, 173, 196, 277
gifts/donations, 29, 71, 78, 86, 93, 110, 121
global warming, 151
government, local. See certified local
governments
chief elected officials, 54–55
cooperation with State and Federal agencies,
16, 42–54, 51, 156, 241, 245–246
defined, 89
historic preservation programs, 51
ordinances, 158, 169
review processes, 53–55, 62
Section 106 participation, 87
government, state. See State Historic
Preservation Officer/Offices
governors, 49, 158, 173, 182, 187
review processes, 49, 91–92
State Historic Preservation Programs, 2,
48–58
government, tribal, 241. See also Indian tribes
grants
application/administration, 64–65
battlefields, 241–243
certified local governments, 53, 54, 66
coastal zone enhancement, 163–165
direct, 60, 61, 248
historically black colleges and universities,
116
Historic Preservation Fund, 60, 61, 71, 199
maritime heritage, 106, 245–256
matching, 60, 61, 71, 96, 116, 236, 248
National Trust, 60, 65, 245
Native American Indian tribes, 60, 61, 230
Native Hawaiian organizations, 61, 230
rail terminal conversion, 168–171
rehabilitation, 61
religious properties, 61
States, 53, 60, 65, 158, 199, 246
technology and training, 107–110
Underground Railroad, 235–236
Great Lakes, 137, 150, 154–155, 164
282 Federal Historic Preservation Laws
Index
leadership, 42
leases, 16–17, 24–26, 32, 68, 76, 143, 209, 281
legal costs, 94
Legislative Notes, 112, 174
libraries, 170, 172
Library of Congress, 48, 74, 114
licenses/permits, 8, 16–17, 32, 34–39, 70,
74–75, 90, 143, 146, 148–149,
161–162, 179–181, 218, 267–270
light stations/lighthouses, 97–105
loans, 35, 60, 67–69, 75
looting, 177, 183–184
low-income housing, 25–26
M
Magnuson-Stevens Act, 137–141
management, program/property
agency jurisdiction, 12
archaeological sites, 16
coastal zones, 152–165
contracts, 77
Federal properties, 72
historic properties, general, 16, 90
marine sanctuary, 138–141
national monuments, 7
marine sanctuaries, 135–149
Marshall Islands, Republic of the, 61, 65, 89
mass transit, 167
McKinney-Vento Homeless Assistance Act,
99
memorandum of agreement, 59, 76
Mexico, 163, 235
Micronesian, Federated States of, 61–62, 65,
89
military craft, sunken, 267–273
mining and mineral extraction/development,
141, 150, 189, 203, 206
monuments, national, 7–8, 24, 27–28, 32
Moss-Bennett Act, 34
museums, 8, 16, 95–96, 104, 107–108, 180, 182,
214, 216, 218, 220–229
N
names of properties, historic, 43
National Center for Preservation Technology
and Training, 63, 106–110
definitions, 179
grants/loans, 60–61
partners in preservation, 73, 119
protection of cultural items, 78
training and education programs, 82
tribal preservation programs/officers,
56–57, 78
insurance contracts, 68
integrity of resources, 12, 167
interagency cooperation/coordination, 132,
143, 148, 160, 188, 268
Intergovernmental Cooperation Act of 1968,
162, 173
Interior, Secretary/Department of
standards for treatment of properties, 100, 277
surplus property transference, 24
Intermodal Surface Transportation Efficiency
Act, 237–240
intermodal transport, 168, 237–240
Internal Revenue Code, 65, 203–206
Internal Revenue Code (Section 47), 206–213
internal waters, 273
International Boundary and Water
Commission, 163
International Center/Centre for Study of
Preservation and Restoration of
Cultural Property, 86, 107–108
international cooperation, 42, 107, 154, 272
International Council on Monuments and
Sites, 107
international law, 268, 271–272
internet resources, 3
interpretation, resource, 3, 63, 90, 107, 142, 199
inventories, 50, 54, 120, 156, 221–226
islands, barrier, 152
ISTEA. See Intermodal Surface
Transportation Efficiency Act
J
Justice, Department of, 84
L
Land and Water Conservation Fund Act of
1965, 64, 242
landmarks, national, 7, 19, 43–44, 60, 74, 277
landscape architecture, 18, 77, 91–92, 96, 108
Index 283
Index
National Trust for Historic Preservation,
29–33, 42–43, 48, 60, 65–66, 79, 82, 93,
245–246, 248, 250–254, 258
National Wildlife Refuge System, 99, 178
Native American cultural items, 2, 73, 79,
216–220, 225, 228, 230
Native American Graves Protection and
Repatriation Act, 73, 78, 214–231
Native American religious practices/leaders,
174, 215, 226
Native Americans, 63, 216. See also American
Indians; Indian tribes
Native Hawaiian organizations, 42–43, 59, 61,
73, 109–110, 222–223, 226–228,
230–231
Native Hawaiians, 63, 78, 92, 174, 216–217
Natural Landmarks, Registry of, 10, 19
natural resources, 9, 13, 131, 139, 152, 154,
161, 198
naval auxiliary, 273
navigational aids, 100–102, 105
needs-based apportionment, 65–66
new areas study, 10–14
nominations, National Register, 44–46, 49, 50,
52, 54–55, 59, 72–73, 114, 274
nonprofit organizations, 26, 60, 109, 241,
246–247
Northern Mariana Islands, 38, 89, 137, 155,
197–198
Northwestern Hawaiian Islands National
Marine Sanctuary, 145
Northwestern State University of Louisiana,
107
notification requirements, 34–35, 44, 54, 66,
111, 121, 161, 180, 219, 222
O
Office of Hawaiian Affairs, 92, 216
Office of Management and Budget, 88
Office of Personnel Management, 77
ordinances, 57, 157, 183, 267
Outer Continental Shelf Lands Act, 70, 151,
179
owner participation, 47, 111
ownership rights, 197–199
National Conference of State Historic
Preservation Officers, 48, 79, 255, 258
National Endowment for the Arts, 167–170
National Environmental Policy Act, 13, 75,
112, 118, 127, 131–134, 141
National Gallery of Art, Director, 30
National Highway System, 237
National Historic Landmarks, 19, 43–44, 60,
74, 277
National Historic Preservation Act, 1, 39, 129,
182, 197, 199, 255, 257, 265, 277
National Marine Sanctuaries Act, 135–149
National Maritime Heritage Act of 1994,
106, 244–256
National Maritime Heritage Grants Program,
106, 245, 254
National Museum of the Building Arts, 95–96
National Park Service, 7, 9–15, 21, 29, 34, 41,
91, 110, 115, 122, 191, 193, 199,
232–234, 238, 241, 257, 262, 274–275
National Park Service Advisory Council, 21
National Park Service Organic Act, 9–14
National Park System, 1, 9–11, 17, 178
National Park System Advisory Board,
17, 21, 27, 33
National Register of Historic Places.
See National Historic Landmarks
appeals, 44, 47
certified local governments, 44
criteria, 43–44
defined, 89, 123, 172, 197
designation, 43–44
eligibility determinations, 44–45, 50, 52, 59,
113, 130, 234, 277
funds for listed properties, 61, 67, 71, 76,
167–168, 170, 259
nominations, 44–46, 49, 50, 52, 54–55, 59,
72–73, 114, 274
notification requirements, 44, 46, 54
owner participation, 47
review processes, 59, 89–90
Section 106 review, 76
SHPO role, 46, 54
tax benefits, 205, 210
threatened properties, 10, 48
website, 274
284 Federal Historic Preservation Laws
Index
R
railroad facilities and corridors, 166–170
railroad relocation, 34
real property interest, defined, 203
Recommendations of Historic Properties for
Preservation, 118
reconstruction, 208
recordkeeping, 70
Recovery of Fees for Review Services
for Historic Preservation Tax
Certification, 115–116
recreation, 24–25, 28, 98, 101–102, 125–127,
135, 138–141, 150, 153, 204, 238–239
recycling, 132
reefs, 152
refuges, wildlife and waterfowl, 125
Regional Fishery Management Council, 141
Registry of Natural Landmarks, 10
regulations, 8–9, 17, 24–25, 31, 44–48, 56,
96–97, 118, 277
rehabilitation assistance, 51, 61, 206–213.
See also tax programs
rehabilitation credit, 203–206, 206–213, 277
Rehabilitation, Standards for, 101, 203–206,
277
relics, 34, 37. See also archaeology
religious properties and institutions, 15, 59,
61, 78, 174, 180
renewable resources, 132
repatriation, 217, 223–225. See also Native
American Graves Protection and
Repatriation Act
reports
annual, 82, 96, 190, 228
Battlefield Report, 243–244
Congressional, 10–14, 174
grants, 64
progress, 37
special, 82
repositories, 37
Reservoir Salvage Act, 34
reversion of ownership, 102–103
review boards, state, 49, 91–92
review processes, 19, 49, 55, 91–92, 133, 240
rewards, 186
right of possession, defined, 216–217
P
Pacific Islands, Trust Territory of, 62
Palau, 61, 65, 89
paleontological resources, 139, 178
parks, national, 9
parks, public, 24, 125
parks, underwater, 199–200
partnerships, 1–3, 42, 118–119, 179, 199, 233,
241–242, 245, 257, 262, 274–275
pedestrians, 173
peer review, 50, 110
penalties/fines, 181, 184–185, 229, 269
permits/licenses, 8, 16–17, 32, 34–39, 70,
74–75, 90, 143, 146, 148–149,
161–162, 179–181, 218, 267–270
planning, comprehensive, 50, 64
planning, preservation, 56, 263
planning professionals, 77, 91, 96, 108, 239
policy, declarations, 15, 41–43, 125, 131, 136,
152, 156, 174, 198, 245
pollution, 151, 153, 160
population growth, 131, 150
ports, 153
prehistoric resources, 7
preservation, defined, 90
Preservation Technology and Training Board,
108
Preserve America, 118, 259, 262–266
private collections, 189–190
private individuals, 42, 189
private organizations, 42
proceeds, uses, 76, 106
proclamations, Presidential, 7, 273–274
professional qualifications/standards, 62, 77,
91, 110, 114
property disposal, 23–28, 31, 73
property values, 23, 24, 65
protection of resources, 16, 53, 78, 90, 136, 139
Public Buildings Cooperative Use Act,
172–173
public lands, 125, 177–183, 188–189, 197, 200
public participation, 11, 29, 49, 54, 82, 156
Puerto Rican Federal Relations Act, 155
Puerto Rico, 23, 38, 89, 137, 179, 197–198
Index 285
Index
State Historic Preservation Officer/Offices
(SHPOs), 2, 46–60, 64, 67, 73, 79,
91–92, 98, 101, 109, 126, 128,
199–200, 246, 247–248, 250–251, 253,
255, 258, 263, 274–275
State, Secretary of, 141
“state”, variously defined,
23, 38, 89, 137, 179, 197
stations, rail. See terminals
studies, 10–13, 82, 134, 142, 145, 225
submerged lands, 104, 137, 142, 162,
197–198, 200
Submerged Lands Act, 142, 155, 198, 200
subsistence uses, 140
Sunken Military Craft Act, 267–273
Supreme Court building, 70
surface mining, 206
surplus property, disposal/transfer of, 23–28,
32, 74
surveillance, 142
surveys, 15, 35–36, 39, 50, 54, 190
suspensions of State programs, 49
T
tax programs, 78, 82, 203–206, 206–213
technical assistance, 2, 22, 42, 51, 107,
114, 131, 154, 234–235, 245, 274
Tennessee Valley Authority, 188, 190
terminals, rail passenger, 166–170
territories (US), 23, 273
threatened resources, 10, 35, 48, 60
Thunder Bay National Marine Sanctuary, 145
tourism, 120, 122–123, 140, 198, 238, 262–265
traditional cultural properties,
59, 78, 94, 174. See also Native Ameri-
can cultural items; sacred sites and
objects
trafficking, illegal, 183–184, 220
training programs, 51, 60–63, 74, 82,
106–109, 263
transportation enhancement activities,
237–240
Transportation Equity Act for the 21st
Century, 237
transportation impacts, 150
roads, construction/relocation of, 34
Ronald W. Reagan National Defense
Authorization Act, 267–273
S
sacred sites and objects, 174, 215–217, 220,
223–225
safety programs, 240
salvage, archeological, 38
salvage, law of, 201, 271
sanctuaries, biological, 135–149, 198
Scenic Byways Program, 237–240
scenic resources, 9, 237
schools/classrooms, 23
sea level rise, 151–152, 154–155, 164
Section 4(f) (DOT), 125
Section 106 (NHPA), 1, 57, 59, 70–76, 87, 94,
129
Section 110 (NHPA), 48, 62, 72–77, 94,
120–121, 277
security, national, 75, 103, 123
self-help housing, 25
self-rehabilitated property, 211–213
shipwrecks, 2, 197–201. See also military craft
SHPO. See State Historic Preservation Office
signage, 240–241
significance, historic, 5, 10–11, 15–17, 29, 34,
44, 113, 115, 160, 166, 170, 172–173,
205, 210, 233–235, 239, 257–259
Smithsonian Institution, 62, 86, 111, 179,
215–216
socioeconomic impacts, 12, 140, 147
spacecraft, 273
specified official, defined, 23
standards
accountability, 50
archeology and historic preservation, 277
documentation, 48
Federal agency preservation programs, 277
professional, 62, 72, 77, 110, 114
rehabilitation, 101, 203–206, 277
repatriation, 225
treatment of properties, 102, 277
286 Federal Historic Preservation Laws
Index
Transportation, Secretary/Department
of, 125, 129, 140–141, 166–
170, 237, 251, 253–254, 277
Treasury, Secretary of the, 67, 186, 205,
210–211
Treatment of Historic Properties, Standards
for, 100–101, 277
tribal heritage, 57
tribal land, 56, 58, 73, 92, 215, 217–219
Tribal Preservation Officers/Programs, 57–59
U
undertakings, Federal, 42, 51, 70, 72, 74, 76,
88–89, 111–112
underwater parks, 199
universities/colleges, 8, 63, 107, 109, 116, 118.
See also education
V
value, property, determinations, 23, 25, 65
violations, 146, 149, 183–184, 186, 190
Virgin Islands, 38, 89, 137, 179, 197–198, 233
visitor use, 12, 16, 233
W
waivers, 62, 75
warships, 273
waste disposal, 150
websites, 274–275
wetlands, 152, 155, 163–164
White House, 70
wildlife/waterfowl refuges, 125, 178
World Heritage, 44–45, 60, 63, 111, 277
Wyoming, 8–9
Z
zoning, 157–158, 169
State, Tribal, Local, Plans & Grants Division
National Park Service
1849 C Street, NW Mail Stop 7360
Washington, DC 20240
National Park Service
U.S. Department of the Interior
EXPERIENCE YOUR AMERICA™
This fifth version of Federal Historic Preservation Laws contains 28 federal
laws and portions of laws that pertain to the preservation of the United
States’ cultural heritage. Arranged chronologically, this publication dem-
onstrates how the body of law has developed and grown over the course
of the 20th century and beyond. Laws in this book span over a hundred
years in time and cover a wide variety of subjects including preservation of
historic buildings, disposition of abandoned shipwrecks, and repatriation
of Native American artifacts. Past versions of Federal Historic Preserva-
tion Laws have helped everyone from government agencies and lawyers,
to university professors and everyday citizens, to reference and under-
stand the Federal framework of historic preservation law. This newest up-
date aims to build on that function by presenting recent changes in the law
in an intuitive format so that that groups and individuals may continue to
draw upon it as a tool to preserve what makes their communities special.