192 
§ 312501. Definition 
In this chapter, the term ‘‘State’’ includes a State, the District of Colum-
bia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
Northern Mariana Islands. 
§ 312502. Threat of irreparable loss or destruction of signifi-
cant scientific, prehistorical, historical, or archeo-
logical 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 archeological 
authority, that its activities in connection with any Federal construc-
tion project or federally licensed project, activity, or program may 
cause irreparable loss or destruction of significant scientific, pre-
historical, 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 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 archeological data 
might be irrevocably lost or destroyed, may, with funds appropriated 
expressly for this purpose— 
(A) conduct, with the consent of all persons, associations, or 
public entities having a legal interest in the property, a survey of 
the affected site; and 
(B) undertake the recovery, protection, and preservation of the 
data (including analysis and publication). 
(2) COMPENSATION.—The Secretary shall, unless otherwise agreed 
to in writing, compensate any person, association, or public entity dam-
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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. 
§ 312503. 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 archeological authority that 
scientific, prehistorical, historical, or archeological data are being or may be 
irrevocably lost or destroyed by any Federal or federally assisted or licensed 
project, activity, or program, shall, if the Secretary determines that the data 
are significant and are being or may be irrevocably lost or destroyed and 
after reasonable notice to the agency responsible for funding or licensing the 
project, activity, or program— 
(1) conduct or cause to be conducted a survey and other 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. 
§ 312504. 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 
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194 
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. 
§ 312505. 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 archeological materials exist 
or may be present in the proposed reservoir area. 
§ 312506. Administration 
In the administration of this chapter, the Secretary may— 
(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 archeological 
purposes by any private person or corporation or transferred to the 
Secretary by any Federal agency. 
§ 312507. Assistance to Secretary by Federal agencies re-
sponsible for construction projects 
(a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out this chapter, any 
Federal agency responsible for a construction project may assist the Sec-
retary or may transfer to the Secretary funds as may be agreed on, but not 
more than 1 percent of the total amount authorized to be appropriated for 
the project, except that the 1 percent limitation under this section shall not 
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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. 
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