185 
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2081.04.
Threat of irreparable loss or destruction of significant scientific, prehistorical, his-
torical, or archaeological data by Federal construction projects. 
2081.05.
Survey and recovery by Secretary. 
2081.06.
Progress reports by Secretary on surveys and work undertaken as result of surveys. 
2081.07.
Administration. 
2081.08.
Assistance to Secretary by Federal agencies responsible for construction projects; 
availability of appropriations. 
§ 2081.01. Purpose 
It is the purpose of this chapter to further the policy set forth in chapter 
2001 of this title by specifically providing for the preservation of historical 
and archaeological data (including relics and specimens) that might other-
wise be irreparably lost or destroyed as the result of— 
(1) flooding, the building of access roads, the erection of worker’s 
communities, the relocation of railroads and highways, and other alter-
ations of the terrain caused by the construction of a dam by any— 
(A) Federal agency; or 
(B) private person or corporation holding a license issued by 
any Federal agency; or 
(2) any alteration of the terrain caused as a result of any Federal 
construction project or federally licensed activity or program. 
§ 2081.02. Definition 
In this chapter, the term ‘‘State’’ includes a State, the District of Colum-
bia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Northern Mariana Islands. 
§ 2081.03. Notice of dam construction 
(a) IN GENERAL.—Before any Federal agency undertakes the construc-
tion 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 
setting forth the site of the proposed dam and the approximate area to be 
flooded and otherwise changed if construction 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 
that creates a reservoir 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 archaeological materials exist 
or may be present in the proposed reservoir area. 
§ 2081.04. Threat of irreparable loss or destruction of signifi-
cant scientific, prehistorical, historical, or archae-
ological data by Federal construction projects 
(a) ACTIVITY OF FEDERAL AGENCY.— 
(1) NOTIFICATION OF SECRETARY.—When any Federal agency finds, 
or is notified, in writing, by an appropriate historical or archaeological 
authority, that its activities in connection with any Federal construc-
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tion project or federally licensed project, activity, or program may 
cause irreparable loss or destruction of significant scientific, pre-
historical, historical, or archaeological 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 recovery, pro-
tection, and preservation of the data (including preliminary survey, 
or other investigation as needed, and analysis and publication of 
the reports resulting from the investigation); or 
(B) may, with funds appropriated for the project, program, or 
activity, undertake those activities. 
(3) AVAILABILITY OF REPORTS.—Copies of reports of any investiga-
tions made pursuant to this section shall be submitted 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 Secretary, if the Secretary determines 
that significant scientific, prehistorical, historical, or archaeological 
data might be irrevocably lost or destroyed, may, with funds appro-
priated expressly for this purpose— 
(A) conduct, with the consent of all persons, associations, or 
public entities having a legal interest in the property, a survey of 
the affected site; and 
(B) undertake the recovery, protection, and preservation of the 
data (including analysis and publication). 
(2) COMPENSATION.—The Secretary shall, unless otherwise agreed 
to in writing, compensate any person, association, or public entity dam-
aged as a result of delays in construction or as a result of the tem-
porary loss of the use of private or any nonfederally owned land. 
§ 2081.05. Survey and recovery by Secretary 
(a) IN GENERAL.—The Secretary, on notification, in writing, by any Fed-
eral or State agency or appropriate historical or archaeological authority 
that scientific, prehistorical, historical, or archaeological data are being or 
may be irrevocably lost or destroyed by any Federal or federally assisted 
or licensed project, activity, or program, shall, if the Secretary determines 
that the data are significant and are being or may be irrevocably lost or 
destroyed and after reasonable notice to the agency responsible for funding 
or licensing the project, activity, or program— 
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(1) conduct or cause to be conducted a survey and other investiga-
tion of the areas that are or may be affected; and 
(2) recover and preserve the data (including analysis and publica-
tion) that, in the opinion of the Secretary, are not being, but should 
be, recovered and preserved in the public interest. 
(b) WHEN SURVEY OR RECOVERY NOT REQUIRED.—No survey or recov-
ery work shall be required pursuant to this section that, in the determina-
tion of the head of the responsible agency, would impede Federal or feder-
ally assisted or licensed projects or activities undertaken in connection with 
any emergency, including projects or activities undertaken in anticipation of, 
or as a result of, a natural disaster. 
(c) INITIATION OF SURVEY.—The Secretary shall initiate the survey or 
recovery effort within— 
(1) 60 days after notification pursuant to subsection (a); or 
(2) such time as may be agreed on with the head of the agency re-
sponsible for funding or licensing the project, activity, or program in 
all other cases. 
(d) COMPENSATION BY SECRETARY.—The Secretary shall, unless other-
wise agreed to in writing, compensate any person, association, or public en-
tity damaged as a result of delays in construction or as a result of the tem-
porary loss of the use of private or nonfederally owned land. 
§ 2081.06. Progress reports by Secretary on surveys and 
work undertaken as result of surveys 
(a) PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY.—The Sec-
retary 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 
or of any work undertaken as a result of a survey, in order that there will 
be as little disruption or delay as possible in the carrying out of the func-
tions of the agency. The survey and recovery programs shall terminate at 
a time agreed on by the Secretary and the head of the agency unless ex-
tended by agreement. 
(b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall con-
sult with any interested Federal and State agencies, educational and sci-
entific 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 performed 
as provided for in this section. 
(c) COORDINATION OF ACTIVITIES.—The Secretary shall coordinate all 
Federal survey and recovery activities authorized under this chapter. 
§ 2081.07. Administration 
In the administration of this chapter, the Secretary may— 
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(1) enter into contracts or make cooperative agreements with any 
Federal or State agency, educational or scientific organization, or insti-
tution, corporation, association, or qualified individual; 
(2) obtain the services of experts and consultants or organizations 
of experts and consultants in accordance with section 3109 of title 5; 
and 
(3) accept and utilize funds made available for salvage archaeological 
purposes by any private person or corporation or transferred to the 
Secretary by any Federal agency. 
§ 2081.08. Assistance to Secretary by Federal agencies re-
sponsible for construction projects; availability of 
appropriations 
(a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out the purposes of 
this chapter, any Federal agency responsible for a construction project may 
assist the Secretary or may transfer to the Secretary funds as may be 
agreed on, but not more than one percent of the total amount authorized 
to be appropriated for the project, except that the one percent 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 deemed 
nonreimbursable project costs. 
(b) COSTS FOR IDENTIFICATION, SURVEYS, EVALUATION, AND DATA RE-
COVERY WITH RESPECT TO HISTORIC PROPERTIES.—Notwithstanding sub-
section (a) or any other provision of law— 
(1) identification, surveys, and evaluation carried out with respect to 
historic properties 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 properties 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 one percent limita-
tion contained in subsection (a). 
(c) AVAILABILITY OF APPROPRIATIONS.—Sums appropriated for purposes 
of this section shall remain available until expended. 
CHAPTER 2083—NATIONAL MARITIME HERITAGE 
Sec. 
2083.01.
Declaration of policy. 
2083.02.
Definitions. 
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