A bill to amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data.
PL 93-291 (S.514), enacted 05/24/1974

174 
May 24, 1974 
[S. 514] 
Historical and 
archeological 
data, preserva-
tion. 
Extension to 
Federal or fed-
erally assisted 
projects. 
16 u s e 469a. 
16 u s e 469a-l. 
Notification. 
Data recovery, 
agency requests. 
Reports, copies; 
availability. 
Survey, 
Construction 
delays, compensa-
tion. 
16 u s e 469a-2. 
PUBLIC LAW 93-291-MAY 24, 1974 
[88 STAT. 
Public Law 93-291 
AN ACT 
To amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation 
of historical and archeological data. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Act entitled 
"An Act to provide for the preservation of historical and archeological 
data (including relics and specimens) which might otherwise be lost 
as the result of the construction of a dam", approved June 27, 1960 
(74 Stat. 220; 16 U.S.C. 469), is amended as follows: 
(1) In section 1, after "result of" insert "(1)" and delete "agency." 
and insert "agency or (2) any alteration of the terrain caused as a 
result of any Federal construction project or federally licensed activity 
or program." 
(2) In section 2, change "SEC. 2. (a)", to "SEC. 2."; after "Secretary 
of the Interior" insert "(hereafter referred to as the Secretary)", and 
delete all of subsection (b). 
(3) Add the following new sections: 
"SEC. 3. (a) Whenever any Federal agency finds, or is notified, in 
writing, by an appropriate historical or archeological authority, that 
its activities in connection with any Federal construction project or 
federally licensed project, activity, or program may cause irreparable 
loss or destruction of significant scientific, prehistorical, historical, or 
archeological data, such agency shall notify the Secretary, in writing, 
and shall provide the Secretary with appropriate information con-
cerning the project, program, or activity. Such agency may request 
the Secretary to undertake the recovery, protection, and preservation 
of such data (including preliminary survey, or other investigation 
as needed, and analysis and publication of the reports resulting from 
such investigation), or it may, with funds appropriated for such 
project, program, or activity, undertake such activities. Copies of 
reports of any investigations made pursuant to this section shall be 
submitted to the Secretary, who shall make them available to the 
public for inspection and review. 
"(b) Whenever any Federal agency provides financial assistance 
by loan, grant, or otherwise to any private person, association, or 
public entity, the Secretary, if he determines that significant scientific, 
prehistorical, historical, or archeological data might be irrevocably 
lost or destroyed, may with funds appropriated expressly for this 
purpose conduct, with the consent of all persons, associations, or public 
entities having a legal interest in the property involved, a survey of 
the affected site and undertake the recovery, protection, and preserva-
tion of such data (including analysis and publication). The Secretary 
shall, unless otherwise mutually agreed to in writing, compensate 
any person, association, or public entity damaged as a result of delays 
in construction or as a result of the temporary loss of the use of private 
or any nonfederally owned lands. 
"SEC. 4. (a) The Secretary, upon notification, in writing, by any 
Federal or State agency or appropriate historical or archeological 
authority that scientific, prehistorical, historical, or archeological data 
is being or may be irrevocably lost or destroyed by any Federal or 
federally assisted or licensed project, activity, or program, shall, if he 
determines that such data is significant and is being or ijiay be irrevo-
cably lost or destroyed and after reasonable notice to the agency 
responsible for funding or licensing such project, activity, or pro-
gram, conduct or cause to be conducted a survey and other investiga-
tion of the areas which are or may be affected and recover and preserve 
such data (including analysis and publication) which, in his opinion, 
projects. 
Initiation. 
delays, com-
pensation. 
88 STAT. ] 
PUBLIC LAW 93-291-MAY 24, 1974 
175 
are not being, but should be, recovered and preserved in the public 
interest. 
"(b) No survey or recovery work shall be required pursuant to this 
Emergency 
section which, in the determination of the head of the responsible "'"""'*° 
agency, would impede Federal or federally assisted or licensed proj-
ects or activities undertaken in connection with any emergency, includ-
ing projects or activities undertaken in anticipation of, or as a result 
of, a natural disaster. 
" (c) The Secretary shall initiate the survey or recovery effort within 
sixty days after notification to him pursuant to subsection (a) of this 
section or within such time as may be agreed upon with the head of 
the agency responsible for funding or licensing the project, activity, 
or program in all other cases. 
"(d) The Secretary shall, unless otherwise mutually agreed to in ^^^°"^^''""^^'°" 
writing, compensate any person, association, or public entity damaged 
as a result of delays in construction or as a result of the temporary loss 
of the use of private or nonfederally owned land." 
(4) In section 2, change "SEC. 2. (c)" to "SEC. 5. (a)" and change 
i6 use 469a. 
"instigating agency" to "agency responsible for funding or licensing 
^^'^ 469a-3. 
the project" and delete "agency." and insert "agency and the survey 
and recovery programs shall terminate at a time mutually agreed upon 
by the Secretary and the head of such agency unless extended by 
mutual agreement.". 
(5) Delete subsection 2(d). 
(6) In section '2, change "SEC. 2. (e)" to "SEC. 5. (b)". 
(7) In section 5, add the following new subsection: 
^ ^ use 469a-3. 
" (c) The Secretary shall coordinate all Federal survey and recovery 
coordination. 
activities authorized under this Act and shall submit an annual report 
Annual report to 
at the end of each fiscal year to the Interior and Insular Affairs Com- commx^ttees"^ 
mittees of the United States Congress indicating the scope and effec-
tiveness of the program, the specific projects surveyed and the results 
produced, and the costs incurred by the Federal Government as a result 
thereof,". 
(8) Redesignate "SEC. 3." as "SEC. 6." and change paragraphs (2) 
le use 469b. 
and (3) to read as follows: 
" (2) obtain the services of experts and consultants or organiza- co^'luulmT'^ 
tions thereof in accordance with section 3109 of title 5, United 
States Code; and 
"(3) accept and utilize funds made available for salvage 
Funds, accept-
archeological purposes by any private person or corporation or 
transferred to him by any Federal agency.". 
(9) Delete all of section 4 and insert the following: 
Funds, trans-
"SEC. 7. (a) To carry out the purposes of this Act, any Federal '"" 
agency responsible for a construction project may assist the Secretary 
and/or it may transfer to him such funds as may be agreed upon, but 
not more than 1 per centum of the total amount authorized to be appro-
priated for such project, except that the 1 per centum limitation of 
this section shall not apply in the event that the project involves 
$50,000 or less: Provided, 
That the costs of such survey, recovery, 
analysis, and publication shall be considered nonreimbursable project 
costs. 
"(b) For the purposes of subsection 3(b), there are authorized to 
Appropriation. 
be appropriated such sums as may be necessary, but not more than 
$500,000 in fiscal year 1974; $1,000,000 in fiscal year 1975; $1,500,000 
in fiscal year 1976; $1,500,000 in fiscal year 1977; and $1,500,000 in 
fiscal year 1978. 
fer. 
16 u s e 469c. 
176 
PUBLIC LAW 93-292-MAY 28, 1974 
[88 STAT. 
"(c) For the purposes of subsection 4(a), there are authorized to 
be appropriated not more than $2,000,000 in fiscal year 1974; $2,000,000 
in fiscal year 1975; $3,000,000 in fiscal year 1976; $3,000,000 in fiscal 
year 1977; and $3,000,000 in fiscal year 1978.". 
Approved May 24, 1974. 
Public Law 93-292 
May 28, 1974 
AN ACT 
—fH. R. 5621] 
rp^ amend title 10, United States Code, to provide for the presentation of a flag 
of the United States for deceased members of the Ready Reserve and for 
deceased members of the Reserve who die after completing twenty years of 
service, but before becoming entitled to retired pay. 
Be it enacted by the Senate and House of Representatives 
of the 
Ready Reserve 
United Stotes of Amevica in Congress assembled, That section 1482 of 
deceased'^mem- 
tltlc 10, United Statcs Codc, is amended by adding the following new 
bars. 
subsection at the end thereof: 
sentati"n^'^'^^" 
"(^) '^^^ Secretary concerned may pay the necessary expenses for 
the presentation of a flag to the person designated to direct the dispo-
sition of the remains of a member of the Reserve of an armed force 
under his jurisdiction who dies under honorable circumstances as 
determined by the Secretary and who is not covered by section 1481 of 
this title if, at the time of such member's death, he— 
"(1) was a member of the Ready Reserve; or 
"(2) had performed at least twenty years of service as com-
puted under section 1332 of this title and was not entitled to 
retired pay under section 1331 of this title.". 
Approved May 28, 1974. 
Public Law 93-293 
May 31, 1974 
-^N ACT 
[^^•3398] 
rjy^ amend title 38, United States Code, to increase the rates of vocational reha-
bilitation, educational assistance, and special training allowances paid to 
eligible veterans and other persons; to make improvements in the educational 
assistance programs; and for other purposes. 
Veterans' edu-
cational a s s i s t 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, notwithstand-
ance "°' °°°'°'" 
jng any other provision of law, the eight-year delimiting date for pur-
Time exten- 
guit of cducatioual programs under chapter 34 of title 38, United 
^38 use 1662 
States Code, for eligible veterans discharged or released from active 
note. 
duty between January 31, 1955, and September 1, 1966 (except for 
38 use 1651. 
those veterans whose discharges are subject to the provisions of sec-
tion 1662(b) of such chapter, or who are pursuing courses of farm 
cooperative training, apprenticeship or other training on the job, or 
flight training under such chapter), shall run from July 1, 1966. 
Approved May 31, 1974.