195 
HR 1068 IH 
apply if the cost of the project is $50,000 or less. The costs of the survey, 
recovery, analysis, and publication shall be deemed nonreimbursable project 
costs. 
(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated for pur-
poses of this section shall remain available until expended. 
§ 312508. Costs for identification, surveys, evaluation, and 
data recovery with respect to historic property 
Notwithstanding section 312507(a) of this title 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 condi-
tion to the issuance of the license or permit; and 
(3) Federal agencies, with the concurrence of the Secretary and after 
notification of the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources 
of the Senate, may waive, in appropriate cases, the 1 percent limitation 
under section 312507(a) of this title. 
Division C—American Antiquities 
Chapter 3201—Policy and Administrative 
Provisions 
Sec. 
320101.
Declaration of national policy. 
320102.
Powers and duties of Secretary. 
320103.
Cooperation with governmental and private agencies and individuals. 
320104.
Jurisdiction of States in acquired land. 
320105.
Criminal penalties. 
320106.
Limitation on obligation or expenditure of appropriated amounts. 
§ 320101. Declaration of national policy 
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. 
§ 320102. Powers and duties of Secretary 
(a) IN GENERAL.—The Secretary, acting through the Director, for the 
purpose of effectuating the policy expressed in section 320101 of this title, 
has the powers and shall perform the duties set out in this section. 
(b) PRESERVATION OF DATA.—The Secretary shall secure, collate, and 
preserve drawings, plans, photographs, and other data of historic and 
archeologic sites, buildings, and objects. 
VerDate Mar 15 2010 
00:56 Mar 13, 2013
Jkt 029200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.IH
H1068
jbell on DSK7SPTVN1PROD with BILLS
196 
HR 1068 IH 
(c) 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 commemorating or illustrating the his-
tory of the United States. 
(d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make nec-
essary investigations and researches in the United States relating to par-
ticular sites, buildings, and objects to obtain accurate historical and archeo-
logical facts and information concerning the sites, buildings, and objects. 
(e) ACQUISITION OF PROPERTY.—The Secretary may, for the purpose of 
this chapter, 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. Prop-
erty that is owned by any religious or educational 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 Con-
gress has appropriated money that is available for that purpose. 
(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may 
contract and make cooperative agreements with States, municipal subdivi-
sions, corporations, associations, or individuals, with proper bond where con-
sidered advisable, 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 that will obligate the 
general fund of the Treasury unless or until Congress has appropriated 
money for that purpose. 
(g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.—The 
Secretary shall restore, reconstruct, rehabilitate, preserve, and maintain his-
toric or prehistoric sites, buildings, objects, and property of national histor-
ical or archeological significance and where considered desirable establish 
and maintain museums in connection with the sites, buildings, objects, and 
property. 
(h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.—The 
Secretary shall erect and maintain tablets to mark or commemorate historic 
or prehistoric places and events of national historical or archeological sig-
nificance. 
(i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may operate 
and manage historic and archeologic sites, buildings, and property acquired 
under this chapter together with land and subordinate buildings for the ben-
VerDate Mar 15 2010 
00:56 Mar 13, 2013
Jkt 029200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.IH
H1068
jbell on DSK7SPTVN1PROD with BILLS
197 
HR 1068 IH 
efit of the public and may charge reasonable visitation fees and grant con-
cessions, leases, or permits for the use of land, building space, roads, or 
trails when necessary or desirable either to accommodate the public or to 
facilitate administration. The Secretary may grant those concessions, leases, 
or permits and enter into contracts relating to the contracts, leases, or per-
mits with responsible persons, firms, or corporations without advertising 
and without securing competitive bids. 
(j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary deter-
mines that it would be administratively burdensome to restore, reconstruct, 
operate, or maintain any particular historic or archeologic site, building, or 
property donated to the United States through the Service, the Secretary 
may cause the restoration, 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. 
(k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall develop 
an educational program and service for the purpose of making available to 
the public information pertaining to American historic and archeologic sites, 
buildings, and properties of national significance. Reasonable charges may 
be made for the dissemination of any such information. 
(l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT CHAPTER.— 
The Secretary shall perform any and all acts and make regulations not in-
consistent with this chapter that may be necessary and proper to carry out 
this chapter. 
§ 320103. Cooperation with governmental and private agen-
cies and individuals 
(a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate with 
and may seek and accept the assistance of any Federal, State, or local agen-
cy, educational or scientific institution, patriotic association, or individual. 
(b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers 
it necessary, the Secretary may establish technical advisory committees to 
act in an advisory capacity in connection with the restoration or reconstruc-
tion of any historic or prehistoric building or other structure. 
(c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ profes-
sional and technical assistance and establish service as may be required to 
accomplish the purposes of this chapter and for which money may be appro-
priated by Congress or made available by gifts for those purposes. 
§ 320104. Jurisdiction of States in acquired land 
Nothing in this chapter shall be held to deprive any State, or political 
subdivision of a State, of its civil and criminal jurisdiction in and over land 
acquired by the United States under this chapter. 
VerDate Mar 15 2010 
00:56 Mar 13, 2013
Jkt 029200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.IH
H1068
jbell on DSK7SPTVN1PROD with BILLS
198 
HR 1068 IH 
§ 320105. Criminal penalties 
Criminal penalties for a violation of a regulation authorized by this chap-
ter are provided by section 1866 of title 18. 
§ 320106. Limitation on obligation or expenditure of appro-
priated amounts 
Notwithstanding any other provision of law, no funds appropriated or 
otherwise made available to the Secretary to carry out subsection (f) or (g) 
of section 320102 of this title may be obligated or expended— 
(1) unless the appropriation of the funds has been specifically au-
thorized 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. 
Chaper 3203—Monuments, Ruins, Sites, 
and Objects of Antiquity 
Sec. 
320301.
National monuments. 
320302.
Permits. 
320303.
Regulations. 
§ 320301. National monuments 
(a) PRESIDENTIAL DECLARATION.—The President may, in the Presi-
dent’s discretion, declare by public proclamation historic landmarks, historic 
and prehistoric structures, and other objects of historic or scientific interest 
that are situated on land owned or controlled by the Federal Government 
to be national monuments. 
(b) RESERVATION OF LAND.—The President may reserve parcels of land 
as a part of the national monuments. The limits of the parcels shall be con-
fined to the smallest area compatible with the 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 of the parcel as may be necessary 
for the proper care and management of the object, may be relinquished 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 except by express authorization 
of Congress. 
§ 320302. Permits 
(a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of 
Agriculture, or the Secretary of the Army may grant a permit for the exam-
ination of ruins, the excavation of archeological sites, and the gathering of 
VerDate Mar 15 2010 
00:56 Mar 13, 2013
Jkt 029200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.IH
H1068
jbell on DSK7SPTVN1PROD with BILLS