187 
mittently 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 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 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, monuments, 
and historic buildings. 
(b) 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 chapter, hold such hearings, 
sit and act at such times and places, request such attendance, take such 
testimony, and receive such evidence, as the Commission considers appro-
priate. 
(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 Com-
mission may procure temporary and intermittent services to the same 
extent as is authorized by section 3109(b) of title 5, but at rates for indi-
viduals 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.—On request of the Commis-
sion, the head of any Federal department or agency, including the Sec-
retary of State, may detail, on a reimbursable basis, any of the personnel 
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 
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this chapter. On the request of the Chairman of the Commission, the head 
of the department or agency shall furnish the information to the Com-
mission. 
(6) GIFTS OR DONATIONS.—The Commission may accept, use, and dis-
pose 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 historic 
property. 
§ 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 North-
ern 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 construction 
project or federally licensed project, activity, or program may cause ir-
reparable loss or destruction of significant scientific, prehistorical, histor-
ical, or archeological data, the agency shall notify the Secretary, in writ-
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189 
ing, and shall provide the Secretary with appropriate information con-
cerning the project, program, or activity. 
(2) RECOVERY, PROTECTION, AND PRESERVATION OF DATA.—The agen-
cy— 
(A) may request the Secretary to undertake the recovery, protec-
tion, 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 fi-
nancial assistance by loan, grant, or otherwise to any private person, as-
sociation, 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 ex-
pressly for this purpose— 
(A) conduct, with the consent of all persons, associations, or pub-
lic 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 temporary 
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 investigation 
of the areas that are or may be affected; and 
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(2) recover and preserve the data (including analysis and publication) 
that, in the opinion of the Secretary, are not being, but should be, recov-
ered and preserved in the public 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 licensed projects or activities undertaken in connection with any emer-
gency, 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 re-
covery 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 respon-
sible for funding or licensing the project, activity, or program in all 
other cases. 
(d) COMPENSATION BY SECRETARY.—The Secretary shall, unless 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. 
§ 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 functions 
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 extended by 
agreement. 
(b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall consult 
with any interested Federal and State agencies, educational and scientific or-
ganizations, 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 Fed-
eral survey and recovery activities authorized under this chapter. 
§ 312505. Notice of dam construction 
(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 setting 
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