H. R. 1068—163 
(b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall 
consult with any interested Federal and State agencies, educational 
and scientific organizations, private institutions, and qualified 
individuals, with a view to determining the ownership of, and 
the most appropriate repository for, any relics and specimens recov-
ered 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 
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 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 evi-
dence 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 organiza-
tion, or institution, corporation, association, or qualified indi-
vidual; 
(2) obtain the services of experts and consultants or organiza-
tions of experts and consultants in accordance with section 
3109 of title 5; and 
(3) accept and utilize funds made available for salvage archeo-
logical purposes by any private person or corporation or trans-
ferred to the Secretary by any Federal agency. 
§ 312507. Assistance 
to 
Secretary 
by 
Federal 
agencies 
responsible 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 author-
ized 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 
purposes 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 provi-
sion of law—
H. R. 1068—164 
(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 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 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 his-
toric 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 deter-
mining which possess exceptional value as commemorating or illus-
trating the history of the United States. 
(d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make 
necessary investigations and researches in the United States 
relating to particular sites, buildings, and objects to obtain accurate 
historical and archeological facts and information concerning the 
sites, buildings, and objects. 
(e) ACQUISITION OF PROPERTY.—The Secretary may, for the pur-
pose 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 administered
H. R. 1068—165 
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 Congress has appropriated money that is available 
for that purpose. 
(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary 
may contract and make cooperative agreements with States, munic-
ipal subdivisions, corporations, associations, or individuals, with 
proper bond where considered advisable, to protect, preserve, main-
tain, 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 appro-
priated money for that purpose. 
(g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.— 
The Secretary shall restore, reconstruct, rehabilitate, preserve, and 
maintain historic or prehistoric sites, buildings, objects, and prop-
erty of national historical 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 significance. 
(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 
administration. The Secretary may grant those concessions, leases, 
or permits and enter into contracts relating to the contracts, leases, 
or permits with responsible 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 organizing 
a corporation for that purpose under the laws of the District of 
Columbia or any State. 
(k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall 
develop an educational program and service for the purpose of 
making available to 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 inconsistent with this chapter that may be necessary 
and proper to carry out this chapter.
H. R. 1068—166 
§ 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 con-
siders 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 accomplish 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 subdivision 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 chapter 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 appro-
priated or otherwise 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 
authorized by law enacted on or after October 30, 1992; or 
(2) in excess of the amount prescribed by law enacted on 
or after October 30, 1992. 
Chapter 3203—Monuments, Ruins, Sites, 
and Objects of Antiquity 
Sec. 
320301.
National monuments. 
320302.
Permits. 
320303.
Regulations. 
§ 320301. National monuments 
(a) PRESIDENTIAL DECLARATION.—The President may, in the 
President’s discretion, declare by public proclamation historic land-
marks, historic and prehistoric structures, and other objects of 
historic or scientific interest that are situated on land owned or 
controlled by the Federal Government to be national monuments. 
(b) RESERVATION OF LAND.—The President may reserve parcels 
of land as a part of the national monuments. The limits of the 
parcels shall be confined to the smallest area compatible with 
the proper care and management of the objects to be protected. 
(c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object 
is situated on a parcel covered by a bona fide unperfected claim