189 
(k) LAWFUL ACTS.—The National Trust may generally do any and all 
lawful acts necessary or appropriate to carry out the purposes for which the 
National Trust is created. 
§ 312106. Consultation with National Park System Advisory 
Board 
In carrying out its functions under this chapter, the National Trust may 
consult with the National Park System Advisory Board on matters relating 
to the selection of sites, buildings, and objects to be preserved and protected 
pursuant to this chapter. 
Chapter 3123—Commission for the 
Preservation of America’s Heritage Abroad 
Sec. 
312301.
Definition. 
312302.
Declaration of national interest. 
312303.
Establishment. 
312304.
Duties and powers; administrative support. 
312305.
Reports. 
§ 312301. Definition 
In this chapter, the term ‘‘Commission’’ means the Commission for the 
Preservation of America’s Heritage Abroad established under section 
312303 of this title. 
§ 312302. Declaration of national interest 
Because the fabric of a society is strengthened by visible reminders of the 
historical roots of the society, it is in the national interest to encourage the 
preservation and protection of the cemeteries, monuments, and historic 
buildings associated with the foreign heritage of United States citizens. 
§ 312303. Establishment 
(a) ESTABLISHMENT.—There is established a commission to be known as 
the Commission for the Preservation of America’s Heritage Abroad. 
(b) MEMBERSHIP.—The Commission shall consist of 21 members ap-
pointed by the President, 7 of whom shall be appointed after consultation 
with the Speaker of the House of Representatives and 7 of whom shall be 
appointed after consultation with the President pro tempore of the Senate. 
(c) TERM.— 
(1) IN GENERAL.—Except as provided in paragraph (2), a member 
of the Commission shall be appointed for a term of 3 years. 
(2) VACANCY.—A member appointed to fill a vacancy on the Com-
mission shall serve for the remainder of the term for which the mem-
ber’s predecessor was appointed. 
(3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may retain 
membership on the Commission until the member’s successor has been 
appointed. 
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190 
(d) CHAIRMAN.—The President shall designate the Chairman of the Com-
mission 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 Commission. 
(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 allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as individuals employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5. 
§ 312304.
Duties and powers; administrative support 
(a) 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, monuments, and buildings that are in danger of deteriora-
tion 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 ceme-
teries, 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, monu-
ments, and historic buildings. 
(b) POWERS.— 
(1) HOLD
HEARINGS, REQUEST
ATTENDANCE, TAKE
TESTIMONY, 
AND RECEIVE EVIDENCE.—The Commission or any member it author-
izes may, for the purposes of carrying out this chapter, hold such hear-
ings, sit and act at such times and places, request such attendance, 
take such testimony, and receive such evidence, as the Commission con-
siders appropriate. 
(2) APPOINT PERSONNEL AND FIX PAY.—The Commission may ap-
point such personnel (subject to the provisions of title 5 governing ap-
pointments in the competitive service) and may fix the pay of such per-
sonnel (subject to the provisions 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 
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191 
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 an-
nual rate of basic pay then in effect under section 5376 of title 5. 
(4) DETAIL PERSONNEL TO COMMISISON.—On request of the Com-
mission, the head of any Federal department or agency, including the 
Secretary of State, may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Commission to assist it in 
carrying out its duties under this chapter. 
(5) SECURE INFORMATION.—The Commission may secure directly 
from any department or agency of the United States, including the De-
partment of State, any information necessary to enable it to carry out 
this chapter. On the request of the Chairman of the Commission, the 
head of the department or agency shall furnish the information to the 
Commission. 
(6) GIFTS OR DONATIONS.—The Commission may accept, 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 conditions as other depart-
ments and agencies of the United States. 
(c) ADMINISTRATIVE SUPPORT.—The Administrator of General Services 
shall provide to the Commission on a reimbursable basis administrative sup-
port services as the Commission may request. 
§ 312305. Reports 
As soon as practicable after the end of each fiscal year, the Commission 
shall transmit to the President a report that includes— 
(1) a detailed statement of the activities and accomplishments of the 
Commission during the fiscal year; and 
(2) any recommendations of the Commission for legislation and ad-
ministrative actions. 
Chapter 3125—Preservation of Historical 
and Archeological Data 
Sec. 
312501.
Definition. 
312502.
Threat of irreparable loss or destruction of significant scientific, prehistorical, histor-
ical, or archeological data by Federal construction projects. 
312503.
Survey and recovery by Secretary. 
312504.
Progress reports by Secretary on surveys and work undertaken as result of surveys. 
312505.
Notice of dam construction. 
312506.
Administration. 
312507.
Assistance to Secretary by Federal agencies responsible for construction projects. 
312508.
Costs for identification, surveys, evaluation, and data recovery with respect to his-
toric property. 
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§ 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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