dreamproit/uscode huggingface dataset:
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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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.
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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
Revised
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.
54 U.S.C. § 306121 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306121. Lease or exchange
(a) Authority To Lease or Exchange.—
Notwithstanding any other provision of law, each Federal agency, after consultation with the Council—
(1) shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and
(2) may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property.
(b) Proceeds of Lease.—
Notwithstanding any other provision of law, the proceeds of a lease under subsection (a) may be retained by the agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to that property or other property that is on the National Register that is owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from the leases shall be deposited in the Treasury at the end of the 2d fiscal year following the fiscal year in which the proceeds are received.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
306121(a)
16 U.S.C. 470h–3(a).
Pub. L. 89–665, title I, § 111(a), as added Pub. L. 96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 102–575, title XL, § 4013, Oct. 30, 1992, 106 Stat. 4761.
306121(b)
16 U.S.C. 470h–3(b).
Pub. L. 89–665, title I, § 111(b), as added Pub. L. 96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997.
heading: Historic Lease Process Simplification
text: Pub. L. 105–391, title VIII, § 802(b), Nov. 13, 1998, 112 Stat. 3523, provided that: “The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.”
[For “Secretary” as used in section 802(b) of Pub. L. 105–391, set out above, as meaning the Secretary of the Interior, see section 2 of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3498, which was classified to section 5901 of Title 16, Conservation, prior to repeal by Pub. L. 113–287.]
54 U.S.C. § 306122 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 306122. Contracts for management of historic property
The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the head of the agency considers necessary or appropriate to protect the interests of the United States and ensure adequate preservation of the historic property.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
306122
16 U.S.C. 470h–3(c).
Pub. L. 89–665, title I, § 111(c), as added Pub. L. 96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997.
54 U.S.C. § 307101 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307101. World Heritage Convention
(a) Authority of Secretary.—
In carrying out this section, the Secretary of the Interior may act directly or through an appropriate officer in the Department of the Interior.
(b) Participation by United States.—
The Secretary shall direct and coordinate participation by the United States in the World Heritage Convention in cooperation with the Secretary of State, the Smithsonian Institution, and the Council. Whenever possible, expenditures incurred in carrying out activities in cooperation with other nations and international organizations shall be paid for in such excess currency of the country or area where the expense is incurred as may be available to the United States.
(c) Nomination of Property to World Heritage Committee.—
The Secretary shall periodically nominate property that the Secretary determines is of international significance to the World Heritage Committee on behalf of the United States. No property may be nominated unless it has previously been determined to be of national significance. Each nomination shall include evidence of such legal protections as may be necessary to ensure preservation of the property and its environment (including restrictive covenants, easements, or other forms of protection). Before making any nomination, the Secretary shall notify the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(d) Nomination of Non-Federal Property to World Heritage Committee Requires Written Concurrence of Owner.—
No non-Federal property may be nominated by the Secretary to the World Heritage Committee for inclusion on the World Heritage List unless the owner of the property concurs in the nomination in writing.
(e) Consideration of Undertaking on Property.—
Prior to the approval of any undertaking outside the United States that may directly and adversely affect a property that is on the World Heritage List or on the applicable country’s equivalent of the National Register, the head of a Federal agency having direct or indirect jurisdiction over the undertaking shall take into account the effect of the undertaking on the property for purposes of avoiding or mitigating any adverse effect.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3230.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307101(a)
no source.
307101(b) through (d)
16 U.S.C. 470a–1.
Pub. 96–515, title IV, § 401, Dec. 12, 1980, 94 Stat. 3000; Pub. L. 103–437, § 6(d)(28), Nov. 2, 1994, 108 Stat. 4584.
307101(e)
16 U.S.C. 470a–2.
Pub. L. 96–515, title IV, § 402, Dec. 12, 1980, 94 Stat. 3000.
Subsection (a) is added for clarity because of the definition of “Secretary” in section 300316 of the new title.
54 U.S.C. § 307102 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307102. Effective date of regulations
(a) Publication in Federal Register.—
No final regulation of the Secretary shall become effective prior to the expiration of 30 calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session.
(b) Disapproval of Regulation by Resolution of Congress.—
The regulation shall not become effective if, within 90 calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: “That Congress disapproves the regulation promulgated by the Secretary dealing with the matter of , which regulation was transmitted to Congress on ,” the blank spaces in the resolution being appropriately filled.
(c) Failure of Congress To Adopt Resolution of Disapproval of Regulation.—
If at the end of 60 calendar days of continuous session of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous session of Congress after its promulgation unless disapproved as provided for.
(d) Sessions of Congress.—
For purposes of this section—
(1) continuity of session is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress.
(e) Congressional Inaction or Rejection of Resolution of Disapproval Not Deemed Approval of Regulation.—
Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of the regulation.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3231.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307102
16 U.S.C. 470w–6.
Pub. L. 89–665, title III, § 307, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3004; Pub. L. 103–437, § 6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106–176, title I, § 120(a)(2), Mar. 10, 2000, 114 Stat. 28; Pub. L. 106–208, § 5(a)(11)–(13), May 26, 2000, 114 Stat. 319.
54 U.S.C. § 307103 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307103. 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 division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may—
(1) cause a significant invasion of privacy;
(2) risk harm to the historic property; 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 determines that information should be withheld from the public pursuant to subsection (a), the Secretary, in consultation with the Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this division.
(c) Consultation With Council.—
When information described in subsection (a) has been developed in the course of an agency’s compliance with section 306107 or 306108 of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3231.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307103
16 U.S.C. 470w–3.
Pub. L. 89–665, title III, § 304, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102–575, title XL, § 4020, Oct. 30, 1992, 106 Stat. 4765.
54 U.S.C. § 307104 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307104. Inapplicability of division to White House, Supreme Court building, or United States Capitol
Nothing in this division applies to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307104
16 U.S.C. 470g.
Pub. L. 89–665, title I, § 107, Oct. 15, 1966, 80 Stat. 915.
54 U.S.C. § 307105 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307105. Attorney’s 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 this division, if the person substantially prevails in the action, the court may award attorney’s fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307105
16 U.S.C. 470w–4.
Pub. L. 89–665, title III, § 305, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.
54 U.S.C. § 307106 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307106. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the extent that appropriations legislation expressly provides otherwise.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307106
16 U.S.C. 470w–1.
Pub. L. 89–665, title III, § 302, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.
54 U.S.C. § 307107 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307107. Donations and bequests of money, personal property, and less than fee interests in historic property
(a) Money and Personal Property.—
The Secretary may accept donations and bequests of money and personal property for the purposes of this division and shall hold, use, expend, and administer the money and personal property for those purposes.
(b) Less Than Fee Interest in Historic Property.—
The Secretary may accept gifts or donations of less than fee interests in any historic property where the acceptance of an interest will facilitate the conservation or preservation of the historic property. Nothing in this section or in any provision of this division 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. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307107
16 U.S.C. 470w–2.
Pub. L. 89–665, title III, § 303, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.
54 U.S.C. § 307108 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 307108. Privately donated funds
(a) Projects for Which Funds May Be Used.—
In furtherance of the purposes of this division, the Secretary may accept the donation of funds that may be expended by the Secretary for projects to acquire, restore, preserve, or recover data from any property included on the National Register, as long as the project is owned by a State, any unit of local government, or any nonprofit entity.
(b) Consideration of Factors Respecting Expenditure of Funds.—
(1) In general.—
In expending the funds, the Secretary shall give due consideration to—
(A) the national significance of the project;
(B) its historical value to the community;
(C) the imminence of its destruction or loss; and
(D) the expressed intentions of the donor.
(2) Funds available without regard to matching requirements.—
Funds expended under this subsection shall be made available without regard to the matching requirements established by sections 302901 and 302902(b) of this title, but the recipient of the funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund.
(c) Transfer of Unobligated Funds.—
The Secretary may transfer unobligated funds previously donated to the Secretary for the purposes of the Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with this division.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307108
16 U.S.C. 470h–1.
Pub. L. 89–665, title I, § 109, as added Pub. L. 96–244, § 1, May 19, 1980, 94 Stat. 346.
In subsection (a), the word “included” is substituted for “listed” for consistency in the revised subtitle.
54 U.S.C. § 308101 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 308101. Definition
In this chapter, the term “Secretary” means the Secretary, acting through the American Battlefield Protection Program.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3233.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
308101
16 U.S.C. 469k–1(c)(1)(D).
Pub. L. 111–11, title VII, subtitle D, § 7301(c)(1)(D), Mar. 30, 2009, 123 Stat. 1213.
heading: Purpose
text: Pub. L. 111–11, title VII, § 7301(a), Mar. 30, 2009, 123 Stat. 1213, provided that: “The purpose of this section [enacting former section 469k–1 of Title 16, Conservation] is to assist citizens, public and private institutions, and governments at all levels in planning, interpreting, and protecting sites where historic battles were fought on American soil during the armed conflicts that shaped the growth and development of the United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made their ultimate sacrifice.”