dreamproit/uscode huggingface dataset:
16 U.S.C. § 470r (CONSERVATION)
§ 470r. Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to submission thereof to Congress; prohibition
No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.
(Pub. L. 89–665, title II, § 210, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322; amended Pub. L. 96–515, title III, § 301(k), Dec. 12, 1980, 94 Stat. 2999.)
heading: Amendments
text: 1980—Pub. L. 96–515 struck out provision requiring the Council, whenever it transmits any legislative recommendations, or testimony, or comments on legislation to the President or Office of Management and Budget, to concurrently transmit copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs.
16 U.S.C. § 470s (CONSERVATION)
§ 470s. Rules and regulations; participation by local governments
The Council is authorized to promulgate such rules and regulations as it deems necessary to govern the implementation of section 470f of this title in its entirety. The Council shall, by regulation, establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 470f of this title which affect such local governments.
(Pub. L. 89–665, title II, § 211, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322; amended Pub. L. 96–515, title III, § 301(l), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 102–575, title XL, § 4018, Oct. 30, 1992, 106 Stat. 4763.)
heading: Amendments
text: 1992—Pub. L. 102–575 inserted “in its entirety” before period at end of first sentence.
1980—Pub. L. 96–515 inserted provision authorizing the Council to establish procedures as necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 470f of this title which affect such local governments.
16 U.S.C. § 470u (CONSERVATION)
§ 470u. Report by Secretary to Council
To assist the Council in discharging its responsibilities under this subchapter, the Secretary at the request of the Chairman, shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects.
(Pub. L. 89–665, title II, § 213, as added Pub. L. 96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat. 3000.)
16 U.S.C. § 470v (CONSERVATION)
§ 470v. Exemption for Federal programs or undertakings; regulations
The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this subchapter when such exemption is determined to be consistent with the purposes of this subchapter, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic properties.
(Pub. L. 89–665, title II, § 214, as added Pub. L. 96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat. 3000.)
16 U.S.C. § 470v–1 (CONSERVATION)
§ 470v–1. Reimbursements from State and local agencies
Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of the purposes of this subchapter.
(Pub. L. 89–665, title II, § 215, as added Pub. L. 104–333, div. I, title V, § 509(c)(3), Nov. 12, 1996, 110 Stat. 4157.)
16 U.S.C. § 470v–2 (CONSERVATION)
§ 470v–2. Effectiveness of Federal grant and assistance programs
(a) Cooperative agreements
The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of such program in meeting the purposes and policies of this subchapter. Such cooperative agreements may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this subchapter or that allow the Council to participate in the selection of recipients, if such provisions are not inconsistent with the grant or assistance program’s statutory authorization and purpose.
(b) Review of grant and assistance programs
The Council may—
(1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of such program in meeting the purposes and policies of this subchapter;
(2) make recommendations to the head of any Federal agency that administers such program to further the consistency of the program with the purposes and policies of the subchapter and to improve its effectiveness in carrying out those purposes and policies; and
(3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this subchapter, including recommendations with regard to appropriate funding levels.
(Pub. L. 89–665, title II, § 216, as added Pub. L. 109–453, § 1(g), Dec. 22, 2006, 120 Stat. 3368.)
16 U.S.C. § 470w–1 (CONSERVATION)
§ 470w–1. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency is authorized to expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this subchapter, except to the extent appropriations legislation expressly provides otherwise.
(Pub. L. 89–665, title III, § 302, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
16 U.S.C. § 470w–2 (CONSERVATION)
§ 470w–2. Donations and bequests of money, personal property and less than fee interests in historic property
(a) The Secretary is authorized to accept donations and bequests of money and personal property for the purposes of this subchapter and shall hold, use, expend, and administer the same for such purposes.
(b) The Secretary is authorized to accept gifts or donations of less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties. Nothing in this section or in any provision of this subchapter shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose.
(Pub. L. 89–665, title III, § 303, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
16 U.S.C. § 470w–3 (CONSERVATION)
§ 470w–3. Access to information
(a) Authority to withhold from disclosure
The head of a Federal agency or other public official receiving grant assistance pursuant to this subchapter, after consultation with the Secretary, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency determine that disclosure may—
(1) cause a significant invasion of privacy;
(2) risk harm to the historic resources; or
(3) impede the use of a traditional religious site by practitioners.
(b) Access determination
When the head of a Federal agency or other public official has determined that information should be withheld from the public pursuant to subsection (a) of this section, the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this subchapter.
(c) Consultation with Council
When the information in question has been developed in the course of an agency’s compliance with section 470f or 470h–2(f) of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b) of this section.
(Pub. L. 89–665, title III, § 304, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002; amended Pub. L. 102–575, title XL, § 4020, Oct. 30, 1992, 106 Stat. 4765.)
heading: Amendments
text: 1992—Pub. L. 102–575 amended section generally. Prior to amendment, section read as follows: “The head of any Federal agency, after consultation with the Secretary, shall withhold from disclosure to the public, information relating to the location or character of historic resources whenever the head of the agency or the Secretary determines that the disclosure of such information may create a substantial risk of harm, theft, or destruction to such resources or to the area or place where such resources are located.”
16 U.S.C. § 470w–4 (CONSERVATION)
§ 470w–4. Attorneys’ fees and costs to prevailing parties in civil actions
In any civil action brought in any United States district court by any interested person to enforce the provisions of this subchapter, if such person substantially prevails in such action, the court may award attorneys’ fees, expert witness fees, and other costs of participating in such action, as the court deems reasonable.
(Pub. L. 89–665, title III, § 305, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
16 U.S.C. § 470w–8 (CONSERVATION)
§ 470w–8. Historic light station sales
(a) In general
In the event no applicants are approved for the conveyance of a historic light station pursuant to section 470w–7 of this title, the historic light station shall be offered for sale. Terms of such sales shall be developed by the Administrator of General Services and consistent with the requirements of section 470w–7, subparagraphs (A) through (D) and (H) of subsection (c)(1), and subsection (c)(2), of this title. Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any Federal aid to navigation located at the historic light station is operated and maintained by the United States for as long as needed for that purpose.
(b) Net sale proceeds
Net sale proceeds from the disposal of a historic light station—
(1) located on public domain lands shall be transferred to the National Maritime Heritage Grant 1 Program, established by the National Maritime Heritage Act of 1994 (Public Law 103–451) [16 U.S.C. 5401 et seq.] within the Department of the Interior; and
(2) under the administrative control of the Coast Guard shall be credited to the Coast Guard’s Operating Expenses appropriation account, and shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Coast Guard, such funds to remain available until expended and shall be available in addition to funds available in the Operating Expense appropriation for this purpose.
(Pub. L. 89–665, title III, § 309, as added Pub. L. 106–355, § 3, Oct. 24, 2000, 114 Stat. 1389.)
heading: References in Text
text: The National Maritime Heritage Act of 1994, referred to in subsec. (b)(1), is Pub. L. 103–451, Nov. 2, 1994, 108 Stat. 4769, as amended, which is classified generally to chapter 74 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 470x (CONSERVATION)
§ 470x. Findings
The Congress finds and declares that, given the complexity of technical problems encountered in preserving historic properties and the lack of adequate distribution of technical information to preserve such properties, a national initiative to coordinate and promote research, distribute information, and provide training about preservation skills and technologies would be beneficial.
(Pub. L. 89–665, title IV, § 401, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4765.)
16 U.S.C. § 470x–1 (CONSERVATION)
§ 470x–1. Definitions
For the purposes of this part—
(1) The term “Board” means the National Preservation Technology and Training Board established pursuant to section 470x–3 of this title.
(2) The term “Center” means the National Center for Preservation Technology and Training established pursuant to section 470x–2 of this title.
(3) The term “Secretary” means the Secretary of the Interior.
(Pub. L. 89–665, title IV, § 402, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766.)
16 U.S.C. § 470x–2 (CONSERVATION)
§ 470x–2. Establishment of National Center
(a) Establishment
There is hereby established within the Department of the Interior a National Center for Preservation Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana.
(b) Purposes
The purposes of the Center shall be to—
(1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of prehistoric and historic resources;
(2) develop and facilitate training for Federal, State and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field;
(3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions;
(4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and
(5) cooperate with related international organizations including, but not limited to the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums.
(c) Programs
Such purposes shall be carried out through research, professional training, technical assistance, and programs for public awareness, and through a program of grants established under section 470x–4 of this title.
(d) Executive Director
The Center shall be headed by an Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board.
(e) Assistance from Secretary
The Secretary shall provide the Center assistance in obtaining such personnel, equipment, and facilities as may be needed by the Center to carry out its activities.
(Pub. L. 89–665, title IV, § 403, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766.)
16 U.S.C. § 470x–3 (CONSERVATION)
§ 470x–3. Preservation Technology and Training Board
(a) Establishment
There is established a Preservation Technology and Training Board.
(b) Duties
The Board shall—
(1) provide leadership, policy advice, and professional oversight to the Center;
(2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and
(3) submit an annual report to the President and the Congress.
(c) Membership
The Board shall be comprised of—
(1) the Secretary, or the Secretary’s designee;
(2) 6 members appointed by the Secretary who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and
(3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications who represent major organizations in the fields of archaeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.
(Pub. L. 89–665, title IV, § 404, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766; amended Pub. L. 106–208, § 5(a)(14), May 26, 2000, 114 Stat. 319.)
heading: Amendments
text: 2000—Subsec. (c)(2). Pub. L. 106–208 substituted a semicolon for a comma after “organizations”.
16 U.S.C. § 470x–4 (CONSERVATION)
§ 470x–4. Preservation grants
(a) In general
The Secretary, in consultation with the Board, shall provide preservation technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the Center, in order to ensure an effective and efficient system of research, information distribution and skills training in all the related historic preservation fields.
(b) Grant requirements
(1) Grants provided under this section shall be allocated in such a fashion to reflect the diversity of the historic preservation fields and shall be geographically distributed.
(2) No grant recipient may receive more than 10 percent of the grants allocated under this section within any year.
(3) The total administrative costs, direct and indirect, charged for carrying out grants under this section may not exceed 25 percent of the aggregate costs.
(c) Eligible applicants
Eligible applicants may include Federal and non-Federal laboratories, accredited museums, universities, nonprofit organizations; offices, units, and Cooperative Park Study Units of the National Park System, State Historic Preservation Offices, tribal preservation offices, and Native Hawaiian organizations.
(d) Standards
All such grants shall be awarded in accordance with accepted professional standards and methods, including peer review of projects.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary.
(Pub. L. 89–665, title IV, § 405, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767.)
16 U.S.C. § 470x–5 (CONSERVATION)
§ 470x–5. General provisions
(a) Acceptance of grants and transfers
The Center may accept—
(1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and
(2) transfers of funds from other Federal agencies.
(b) Contracts and cooperative agreements
Subject to appropriations, the Center may enter into contracts and cooperative agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities to carry out the Center’s responsibilities under this part.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for the establishment, operation, and maintenance of the Center. Funds for the Center shall be in addition to existing National Park Service programs, centers, and offices.
(Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767.)
16 U.S.C. § 470x–6 (CONSERVATION)
§ 470x–6. National Park Service preservation
In order to improve the use of existing National Park Service resources, the Secretary shall fully utilize and further develop the National Park Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of such centers and offices within the National Park Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties.
(Pub. L. 89–665, title IV, § 407, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4768.)
16 U.S.C. § 470aa (CONSERVATION)
§ 470aa. Congressional findings and declaration of purpose
(a) The Congress finds that—
(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
(b) The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.
(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)
heading: Short Title
text: Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided that: “This Act [enacting this chapter] may be cited as the ‘Archaeological Resources Protection Act of 1979’.”
heading: Galisteo Basin Archaeological Sites Protection
text: Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as the “Galisteo Basin Archaeological Sites Protection Act”, provided for the preservation, protection, and interpretation of nationally significant archaeological resources in the Galisteo Basin of New Mexico by designating Galisteo Basin Archaeological Protection Sites and their acreage and provided for addition, deletion or modification of the sites, administration, cooperative agreements, acquisition of land and interests, withdrawal of lands from mining and other public land laws, and construction of the Act.
16 U.S.C. § 470dd (CONSERVATION)
§ 470dd. Custody of archaeological resources
The Secretary of the Interior may promulgate regulations providing for—
(1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands and Indian lands pursuant to this chapter, and
(2) the ultimate disposition of such resources and other resources removed pursuant to the Act of June 27, 1960 (16 U.S.C. 469–469c) [16 U.S.C. 469–469c–1] or the Act of June 8, 1906 (16 U.S.C. 431–433).
Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands shall be subject to the consent of the Indian or Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section, notwithstanding any other provision of law, such regulations shall govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this chapter.
(Pub. L. 96–95, § 5, Oct. 31, 1979, 93 Stat. 724.)
heading: References in Text
text: Act of June 27, 1960 (16 U.S.C. 469–469c), referred to in par. (2), is act June 27, 1960, Pub. L. 86–523, 74 Stat. 220, as amended, which is classified generally to sections 469 to 469c–1 of this title. For complete classification of this Act to the Code, see Tables.
Act of June 8, 1906 (16 U.S.C. 431–433), referred to in par. (2), is act June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act of 1906, which is classified generally to sections 431, 432, and 433 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 431 of this title and Tables.