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54 U.S.C. § 305501 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 305501. Definitions
In this chapter:
(1) Building arts.—
The term “building arts” includes all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professions, skills, trades, and crafts.
(2) Committee.—
The term “Committee” means the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3223.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
305501
16 U.S.C. 470w–5(f)
Pub. L. 89–665, title III, § 306(f), as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3003.
54 U.S.C. § 305502 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 305502. Cooperative agreement to operate museum
To provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement with the Committee for the operation of a National Building Museum in the Federal building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. The cooperative agreement shall include provisions that—
(1) make the site available to the Committee without charge;
(2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as may be necessary to ensure the preservation and operation of the site; and
(3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this division.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3223.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
305502
16 U.S.C. 470w–5(a) (1st sentence), (b)
Pub. L. 89–665, title III, § 306(a) (1st sentence), (b), as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, 3003.
The words “Administrator of General Services” are substituted for “Administrator of the General Services Administration” to use the correct title of the Administrator.
54 U.S.C. § 305503 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 305503. Activities and functions
The National Building Museum shall—
(1) collect and disseminate information concerning the building arts, including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts;
(2) foster educational programs relating to the history, practice, and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts;
(3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts;
(4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and
(5) encourage contributions to the building arts.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3223.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
305503
16 U.S.C. 470w–5(a) (last sentence)
Pub. L. 89–665, title III, § 306(a) (last sentence), (b), as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3003.
54 U.S.C. § 305504 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 305504. Matching grants to Committee
The Secretary shall provide matching grants to the Committee for its programs related to historic preservation. The Committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the Secretary, except that not more than $500,000 may be provided to the Committee in any one fiscal year.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3224.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
305504
16 U.S.C. 470w–5(c)
Pub. L. 89–665, title III, § 306(c), Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3003.
The word “grant” is substituted for “grants-in-aid” for clarity and consistency in the revised division. See page 48 of H. Rept. 96–1457 (96th Cong., 2d Sess., 1980).
54 U.S.C. § 305505 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 305505. Annual report
The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3224.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
305505
16 U.S.C. 470w–5(e)
Pub. L. 89–665, title III, § 306(e), as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3003.
54 U.S.C. § 306101 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306101. Assumption of responsibility for preservation of historic property
(a) In General.—
(1) Agency head responsibility.—
The head of each Federal agency shall assume responsibility for the preservation of historic property that is owned or controlled by the agency.
(2) Use of available historic property.—
Prior to acquiring, constructing, or leasing a building for purposes of carrying out agency responsibilities, a Federal agency shall use, to the maximum extent feasible, historic property available to the agency, in accordance with Executive Order No. 13006 (40 U.S.C. 3306 note).
(3) Necessary preservation.—
Each Federal agency shall undertake, consistent with the preservation of historic property, the mission of the agency, and the professional standards established pursuant to subsection (c), any preservation as may be necessary to carry out this chapter.
(b) Guidelines for Federal Agency Responsibility for Agency-Owned Historic Property.—
In consultation with the Council, the Secretary shall promulgate guidelines for Federal agency responsibilities under this subchapter (except section 306108).
(c) Professional Standards for Preservation of Federally Owned or Controlled Historic Property.—
The Secretary shall establish, in consultation with the Secretary of Agriculture, the Secretary of Defense, the Smithsonian Institution, and the Administrator of General Services, professional standards for the preservation of historic property in Federal ownership or control.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3224.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306101(a)
16 U.S.C. 470h–2(a)(1)
Pub. L. 89–665, title I, § 110(a)(1), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, § 4012(1), Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106–208, § 4, May 26, 2000, 114 Stat. 318.
306101(b)
16 U.S.C. 470a(g)
Pub. L. 89–665, title I, § 101(g), (h), formerly § 101(f), (g), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as § 101(g), (h), Pub. L. 102–575, title XL, § 4006(a)(1), Oct. 30, 1992, 106 Stat. 4758.
306101(c)
16 U.S.C. 470a(h)
In subsection (a)(3), the cross reference is treated as a cross reference to 16 U.S.C. 470a(h), restated as subsection (c) of this section, rather than 16 U.S.C. 470a(g), restated as subsection (b) of this section, to correct an error in the source provision.
In subsection (c), the words “Administrator of General Services” are substituted for “Administrator of the General Services Administration” to use the correct title of the Administrator.
54 U.S.C. § 306102 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306102. Preservation program
(a) Establishment.—
Each Federal agency shall establish (except for programs or undertakings exempted pursuant to section 304108(c) of this title), in consultation with the Secretary, a preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property.
(b) Requirements.—
The program shall ensure that—
(1) historic property under the jurisdiction or control of the agency is identified, evaluated, and nominated to the National Register;
(2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance;
(3) the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning;
(4) the agency’s preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; and
(5) the agency’s procedures for compliance with section 306108 of this title—
(A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title;
(B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and
(C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3225.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306102
16 U.S.C. 470h–2(a)(2)
Pub. L. 89–665, title I, § 110(a)(2), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, § 4012(2), Oct. 30, 1992, 106 Stat. 4760.
In subsection (a), the words “except for programs and undertakings exempted” are substituted for “unless exempted” for clarity.
In subsection (b)(2), the words “as are listed in or may be eligible for the National Register” are omitted as unnecessary because of the definition of “historic property” in section 300308 of the new title.
54 U.S.C. § 306103 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306103. Recordation of historic property prior to alteration or demolition
Each Federal agency shall initiate measures to ensure that where, as a result of Federal action or assistance carried out by the agency, a historic property is to be substantially altered or demolished—
(1) timely steps are taken to make or have made appropriate records; and
(2) the records are deposited, in accordance with section 302107 of this title, in the Library of Congress or with such other appropriate agency as the Secretary may designate, for future use and reference.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3226.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306103
16 U.S.C. 470h–2(b)
Pub. L. 89–665, title I, § 110(b), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996.
54 U.S.C. § 306104 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306104. Agency Preservation Officer
The head of each Federal agency (except an agency that is exempted under section 304108(c) of this title) shall designate a qualified official as the agency’s Preservation Officer who shall be responsible for coordinating the agency’s activities under this division. Each Preservation Officer may, to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 306101(c) of this title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3226.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306104
16 U.S.C. 470h–2(c)
Pub. L. 89–665, title I, § 110(c), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, § 4006(b), Oct. 30, 1992, 106 Stat. 4757.
54 U.S.C. § 306105 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306105. Agency programs and projects
Consistent with the agency’s missions and mandates, each Federal agency shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3226.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306105
16 U.S.C. 470h–2(d)
Pub. L. 89–665, title I, § 110(d), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996.
54 U.S.C. § 306106 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306106. Review of plans of transferees of surplus federally owned historic property
The Secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than 90 days after receipt of the plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3226.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306106
16 U.S.C. 470h–2(e)
Pub. L. 89–665, title I, § 110(e), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996.
54 U.S.C. § 306107 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306107. Planning and actions to minimize harm to National Historic Landmarks
Prior to the approval of any Federal undertaking that may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3226.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306107
16 U.S.C. 470h–2(f)
Pub. L. 89–665, title I, § 110(f), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996.
54 U.S.C. § 306108 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306108. Effect of undertaking on historic property
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306108
16 U.S.C. 470f
Pub. L. 89–665, title I, § 106, Oct. 15, 1966, 80 Stat. 917; Pub. L. 94—422, title II, § 201(3), Sept. 28, 1976, 90 Stat. 1320.
The words “historic property” are substituted for “district, site, building, structure, or object that is included in or eligible for inclusion in the National Register” because of the definition of “historic property” in section 300308 of the new title.
54 U.S.C. § 306109 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306109. Costs of preservation as eligible project costs
A Federal agency may include the costs of preservation activities of the agency under this division as eligible project costs in all undertakings of the agency or assisted by the agency. The eligible project costs may include amounts paid by a Federal agency to a State to be used in carrying out the preservation responsibilities of the Federal agency under this division, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306109
16 U.S.C. 470h–2(g)
Pub. L. 89–665, title I, § 110(g), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996.
54 U.S.C. § 306110 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306110. Annual preservation awards program
The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may include the issuance of annual awards by the President to any citizen of the United States recommended for the award by the Secretary.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306110
16 U.S.C. 470h–2(h)
Pub. L. 89–665, title I, § 110(h), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2997.
The words “historic property” are substituted for “historic resources” for consistency because the defined term in the new division is “historic property”.
54 U.S.C. § 306111 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306111. Environmental impact statement
Nothing in this division shall be construed to—
(1) require the preparation of an environmental impact statement where the statement would not otherwise be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306111
16 U.S.C. 470h–2(i)
Pub. L. 89–665, title I, § 110(i), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2997.
54 U.S.C. § 306112 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306112. Waiver of provisions in event of natural disaster or imminent threat to national security
The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306112
16 U.S.C. 470h–2(j)
Pub. L. 89–665, title I, § 110(j), as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2997.
54 U.S.C. § 306113 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306113. Anticipatory demolition
Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
306113
16 U.S.C. 470h–2(k)
Pub. L. 89–665, title I, § 110(k), as added Pub. L. 102–575, title XL, § 4012(3), Oct. 30, 1992, 106 Stat. 4760.
54 U.S.C. § 306114 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306114. Documentation of decisions respecting undertakings
With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title. The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
306114
16 U.S.C. 470h–2(l)
Pub. L. 89–665, title I, § 110(l), as added Pub. L. 102–575, title XL, § 4012(3), Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, § 5(a)(8), May 26, 2000, 114 Stat. 319.
The words “historic property” are substituted for “property included in or eligible for inclusion in the National Register” because of the definition of “historic property” in section 300308 of the new title. The words “to document a decision pursuant to this section” are substituted for “pursuant to such section” for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act (Public Law 89–665, 80 Stat. 917). The words “agreement pursuant to regulations issued by the Council” are substituted for “a section 106 memorandum”, and the word “agreement” is substituted for “memorandum”, for clarity and for consistency in the new section.