191 
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 re-
spect 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 pre-
sented 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 Fed-
eral or State agency, educational or scientific organization, or institu-
tion, 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 Sec-
retary by any Federal agency. 
§ 312507. Assistance to Secretary by Federal agencies respon-
sible for construction projects 
(a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out 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 1 percent of the total amount authorized to be appropriated for the 
project, except that the 1 percent limitation under 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) 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 
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areas may be charged to Federal licensees and permittees as a condition 
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 Rep-
resentatives 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 pur-
pose 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 pre-
serve drawings, plans, photographs, and other data of historic and archeologic 
sites, buildings, and objects. 
(c) SURVEY.—The Secretary shall make a survey of historic and archeologic 
sites, buildings, and objects for the purpose of determining which possess ex-
ceptional value as commemorating or illustrating the history 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. Property that 
is owned by any religious or educational institution or that is owned or ad-
ministered for the benefit of the public shall not be acquired without the con-
sent 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 
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Treasury for the payment of the property, unless Congress has appropriated 
money that is available for that purpose. 
(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may con-
tract and make cooperative agreements with States, municipal subdivisions, 
corporations, associations, or individuals, with proper bond where considered 
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 coop-
erative 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 historical 
or archeological significance and where considered desirable establish and 
maintain museums in connection with the sites, buildings, objects, and prop-
erty. 
(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 signifi-
cance. 
(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 benefit of 
the public and may charge reasonable visitation fees and grant concessions, 
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 admin-
istration. The Secretary may grant those concessions, leases, or permits and 
enter into contracts relating to the contracts, leases, or permits with respon-
sible persons, firms, or corporations without advertising and without securing 
competitive bids. 
(j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary determines 
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 orga-
nizing a corporation for that purpose under the laws of the District of Colum-
bia or any State. 
(k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall develop 
an educational program and service for the purpose of making available to 
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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 incon-
sistent 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 agency, 
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 reconstruction 
of any historic or prehistoric building or other structure. 
(c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ professional 
and technical assistance and establish service as may be required to accom-
plish the purposes of this chapter and for which money may be appropriated 
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 sub-
division of a State, of its civil and criminal jurisdiction in and over land 
acquired by the United States under this chapter. 
§ 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 oth-
erwise 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 author-
ized by law enacted on or after October 30, 1992; or 
(2) in excess of the amount prescribed by law enacted on or after Octo-
ber 30, 1992. 
Chaper 3203—Monuments, Ruins, Sites, 
and Objects of Antiquity 
Sec. 
320301.
National monuments. 
320302.
Permits. 
320303.
Regulations. 
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