193 
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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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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(c) SURVEY.—The Secretary shall make a survey of historic and 
archeologic sites, buildings, and objects for the purpose of determining 
which possess exceptional value as commemorating or illustrating the his-
tory 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. Prop-
erty that is owned by any religious or educational institution or that is 
owned or administered for the benefit of the public shall not be acquired 
without the consent 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 Treasury for the payment of the property, unless Con-
gress has appropriated money that is available for that purpose. 
(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may 
contract and make cooperative agreements with States, municipal subdivi-
sions, corporations, associations, or individuals, with proper bond where con-
sidered 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 
cooperative 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 histor-
ical or archeological significance and where considered desirable establish 
and maintain museums in connection with the sites, buildings, objects, and 
property. 
(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 sig-
nificance. 
(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 ben-
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