Historic Sites Act of 1935 & Archeological and Historic Preservation Act of 1974

Page 823

TITLE 16—CONSERVATION

Sec.

Sec.

469d.

470q.
470r.

Ice Age National Scientific Reserve; statement of purpose.
469e.
Plan for continental glaciation.
469f.
Repealed.
469g.
Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services.
469h.
Comprehensive plan for Reserve Development.
469i.
Repealed.
469j.
Commission for the Preservation of America’s Heritage Abroad.
469k.
Repealed.
469k–1.
American Battlefield Protection Program.
469l.
Findings and purposes.
469l–1.
National Underground Railroad Network to
Freedom program.
469l–2.
Preservation of historic sites or structures.
469l–3.
Authorization of appropriations.
469m.
Women’s Rights National Historical Park.
469n.
Preserve America Program.
469o.
Save America’s Treasures Program.
SUBCHAPTER II—NATIONAL HISTORIC
PRESERVATION
470.
470–1.

Short title; Congressional finding and declaration of policy.
Declaration of policy of the Federal Government.
PART A—PROGRAMS

470a.
470a–1.
470a–2.
470b.
470b–1.
470c.
470d.
470e.
470f.
470g.

470h.
470h–1.
470h–2.
470h–3.
470h–4.
470h–5

Historic preservation program.
World Heritage Convention.
Federal undertakings outside United States;
mitigation of adverse effects.
Requirements for awarding of grant funds.
Grants to National Trust for Historic Preservation.
Apportionment of grant funds.
Loan insurance program for preservation of
property included on National Register.
Recordkeeping; recipients of assistance;
audit.
Effect of Federal undertakings upon property
listed in National Register; comment by
Advisory Council on Historic Preservation.
White House, United States Supreme Court
building, and United States Capitol not included in program for preservation of historical properties.
Historic Preservation Fund; establishment;
appropriations; source of revenue.
Acceptance of privately donated funds by
Secretary.
Historic properties owned or controlled by
Federal agencies.
Lease or exchange of historic property.
Professional standards.
Interstate and international traffic in antiquities.
PART B—ADVISORY COUNCIL ON HISTORIC
PRESERVATION

470i.
470j.
470k.

470l.
470m.
470n.
470o.

470p.

Advisory Council on Historic Preservation.
Functions of Council; annual report to President and Congress; recommendations.
Cooperation between Council and instrumentalities of executive branch of Federal Government.
Compensation of members of Council.
Administration.
International Centre for Study of Preservation and Restoration of Cultural Property.
Transfer of personnel, property, etc., by Department of the Interior to Council; time
limit.
Rights, benefits, and privileges of transferred
employees.

470s.
470t.
470u.
470v.
470v–1.
470v–2.

§ 461

Operations of Council; exemption.
Transmittal of legislative recommendations,
or testimony, or comments, to any officer
or agency of the United States prior to submission thereof to Congress; prohibition.
Rules and regulations; participation by local
governments.
Budget; authorization of appropriations.
Report by Secretary to Council.
Exemption for Federal programs or undertakings; regulations.
Reimbursements from State and local agencies.
Effectiveness of Federal grant and assistance
programs.
PART C—GENERAL AND MISCELLANEOUS

470w.
470w–1.
470w–2.

470w–3.
470w–4.
470w–5.
470w–6.
470w–7.
470w–8.

Definitions.
Authorization for expenditure of appropriated
funds.
Donations and bequests of money, personal
property and less than fee interests in historic property.
Access to information.
Attorneys’ fees and costs to prevailing parties
in civil actions.
National Museum for the Building Arts.
Effective date of regulations.
Historic lighthouse preservation.
Historic light station sales.

PART D—NATIONAL CENTER FOR PRESERVATION
TECHNOLOGY AND TRAINING
470x.
470x–1.
470x–2.
470x–3.
470x–4.
470x–5.
470x–6.

Findings.
Definitions.
Establishment of National Center.
Preservation Technology and Training Board.
Preservation grants.
General provisions.
National Park Service preservation.

SUBCHAPTER I—GENERAL PROVISIONS
§ 461. 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.
(Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666.)
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–338, § 1(a), Oct. 12, 2006, 120 Stat. 1783, provided that: ‘‘This Act [enacting provisions set out as a
note under section 262 of Title 30, Mineral Lands and
Mining, enacting provisions listed in a table of National Heritage Routes set out under this section,
amending provisions formerly set out as a note under
section 1244 of this title, and amending provisions listed in a table of National Heritage and River Corridors,
a table of National Heritage Areas, and a table of National Heritage Partnerships set out under this section]
may be cited as the ‘National Heritage Areas Act of
2006’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–156, § 1, Dec. 30, 2005, 119 Stat. 2946, provided that: ‘‘This Act [amending section 463 of this title
and enacting provisions set out as a note under section
463 of this title] may be cited as the ‘Delaware Water
Gap National Recreation Area Improvement Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–291, title I, § 150(a), Oct. 11, 2000, 114 Stat.
956, provided that: ‘‘This section [enacting section
469l–2 of this title and provisions set out as a note

§ 461

TITLE 16—CONSERVATION

under section 469l–2 of this title] may be cited as the
‘National Underground Railroad Freedom Center Act’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–203, § 1, July 21, 1998, 112 Stat. 678, provided that: ‘‘This Act [enacting sections 469l and 469l–1
of this title] may be cited as the ‘National Underground
Railroad Network to Freedom Act of 1998’.’’
SHORT TITLE
Act Aug. 21, 1935, ch. 593, 49 Stat. 666, which is classified to sections 461 to 467 of this title, is popularly
known as the ‘‘Historic Sites, Buildings, and Antiquities Act’’.
NATIONAL HISTORIC SITES
Adams National Historic Site, Massachusetts [redesignated Adams National Historical Park by Pub. L.
105–342, § 5(e), Nov. 2, 1998, 112 Stat. 3202 (16 U.S.C.
410eee et seq.)].—Designated Dec. 9, 1946.
Allegheny Portage Railroad National Historic Site,
Pennsylvania.—Pub. L. 88–546, Aug. 31, 1964, 78 Stat.
752; Pub. L. 107–369, Dec. 19, 2002, 116 Stat. 3069; Pub.
L. 108–352, § 16, Oct. 21, 2004, 118 Stat. 1398.
Andersonville National Historic Site, Georgia.—Pub.
L. 91–465, Oct. 16, 1970, 84 Stat. 989; Pub. L. 107–357,
§ 1, Dec. 17, 2002, 116 Stat. 3014.
Andrew Johnson National Historic Site.—Aug. 29, 1935,
ch. 801, 49 Stat. 958 (16 U.S.C. 450o–450q); Proc. No.
2554, Apr. 27, 1942, 56 Stat. 1955; Pub. L. 88–197, Dec.
11, 1963, 77 Stat. 349.
Ansley Wilcox House National Historic Site (see Theodore Roosevelt Inaugural National Historic Site,
New York).
Bent’s Old Fort National Historic Site, Colorado.—
Pub. L. 86–487, June 3, 1960, 74 Stat. 155.
Boston African American National Historic Site, Massachusetts.—Pub. L. 96–430, title I, Oct. 10, 1980, 94
Stat. 1845.
Brown v. Board of Education National Historic Site,
Kansas.—Pub. L. 102–525, title I, Oct. 26, 1992, 106
Stat. 3438.
Carl Sandburg Home National Historic Site, North
Carolina.—Pub. L. 90–592, Oct. 17, 1968, 82 Stat. 1968;
Pub. L. 110–229, title III, § 311, May 8, 2008, 122 Stat.
769.
Carter G. Woodson Home National Historic Site, District of Columbia.—Pub. L. 108–192, Dec. 19, 2003, 117
Stat. 2873.
Charles Pinckney National Historic Site, South Carolina.—Pub. L. 100–421, Sept. 8, 1988, 102 Stat. 1581.
Clara Barton National Historic Site, Maryland.—Pub.
L. 93–486, title I, § 101(a)(1), Oct. 26, 1974, 88 Stat. 1461.
Edgar Allan Poe National Historic Site, Pennsylvania.—Pub. L. 95–625, title V, § 503, Nov. 10, 1978, 92
Stat. 3498.
Edison National Historic Site [references to Edison
National Historic Site deemed to refer to the Thomas Edison National Historical Park by Pub. L.
111–11, title VII, § 7110(c)(5), Mar. 30, 2009, 123 Stat.
1198, see section 410mmm of this title].—Pub. L.
87–628, Sept. 5, 1962, 76 Stat. 428; repealed by Pub. L.
111–11, title VII, § 7110(c)(4), Mar. 30, 2009, 123 Stat.
1198.
Eisenhower National Historic Site.—33 F.R. 16031,
Nov. 27, 1967; Pub. L. 91–133, Dec. 2, 1969, 83 Stat. 274.
Eleanor Roosevelt National Historic Site, New
York.—Pub. L. 95–32, May 26, 1977, 91 Stat. 171; Pub.
L. 105–364, Nov. 6, 1998, 112 Stat. 3300.
Eugene O’Neill National Historic Site, California.—
Pub. L. 94–539, §§ 1, 2, Oct. 18, 1976, 90 Stat. 2501.
Fallen Timbers Battlefield and Fort Miamis National
Historic Site, Ohio.—Pub. L. 106–164, Dec. 9, 1999, 113
Stat. 1792; Pub. L. 106–387, § 1(a) [title VII, § 777], Oct.
28, 2000, 114 Stat. 1549, 1549A–46.
First Ladies National Historic Site, Ohio.—Pub. L.
106–291, title I, § 145, Oct. 11, 2000, 114 Stat. 950.
Ford’s Theatre National Historic Site, District of Columbia.—Pub. L. 91–288, June 23, 1970, 84 Stat. 322.

Page 824

NATIONAL HISTORIC SITES—CONTINUED
Fort Bowie National Historic Site, Arizona.—Pub. L.
88–510, Aug. 30, 1964, 78 Stat. 681.
Fort Davis National Historic Site, Texas.—Pub. L.
87–213, Sept. 8, 1961, 75 Stat. 488; Pub. L. 105–355, title
V, § 506, Nov. 6, 1998, 112 Stat. 3263; Pub. L. 111–11,
title VII, § 7118, Mar. 30, 2009, 123 Stat. 1205.
Fort Laramie National Historic Site, Wyoming.—
Proc. No. 2292, July 16, 1938, 53 Stat. 2461; Pub. L.
86–444, Apr. 29, 1960, 74 Stat. 83.
Fort Larned National Historic Site, Kansas.—Pub. L.
88–541, Aug. 31, 1964, 78 Stat. 748.
Fort Point National Historic Site, California.—Pub. L.
91–457, Oct. 16, 1970, 84 Stat. 970.
Fort Raleigh National Historic Site, North Carolina.—
Designated Apr. 5, 1941; Pub. L. 87–148, Aug. 17, 1961,
75 Stat. 384; Pub. L. 101–603, Nov. 16, 1990, 104 Stat.
3065.
Fort Saint Marks National Historic Site, Florida.—
Pub. L. 87–789, Oct. 10, 1962, 76 Stat. 807.
Fort Scott National Historic Site, Kansas.—Pub. L.
95–484, Oct. 19, 1978, 92 Stat. 1610; Pub. L. 95–625, title
XII, Nov. 10, 1978, 92 Stat. 3548.
Fort Smith National Historic Site, Arkansas.—Pub. L.
87–215, Sept. 13, 1961, 75 Stat. 489.
Fort Union Trading Post National Historic Site,
North Dakota and Montana.—Pub. L. 89–458, June 20,
1966, 80 Stat. 211.
Frederick Law Olmsted National Historic Site, Massachusetts.—Pub. L. 96–87, title II, Oct. 12, 1979, 93
Stat. 664; Pub. L. 105–343, Nov. 2, 1998, 112 Stat. 3203.
Friendship Hill National Historic Site, Pennsylvania.—Pub. L. 95–625, title V, § 509, Nov. 10, 1978, 92
Stat. 3509.
Georgia O’Keeffe National Historic Site, New Mexico.—Pub. L. 96–344, § 3, Sept. 8, 1980, 94 Stat. 1133; repealed by Pub. L. 98–396, title I, Aug. 22, 1984, 98
Stat. 1387.
Golden Spike National Historic Site, Utah.—Pub. L.
89–102, July 30, 1965, 79 Stat. 426.
Grant-Kohrs Ranch National Historic Site, Montana.—Pub. L. 92–406, Aug. 25, 1972, 86 Stat. 632; Pub.
L. 105–365, Nov. 6, 1998, 112 Stat. 3301.
Grey Towers National Historic Site, Pennsylvania.—
Pub. L. 108–447, div. E, title III, § 348, Dec. 8, 2004, 118
Stat. 3106.
Hampton National Historic Site, Maryland.—Designated June 22, 1948.
Harry S Truman National Historic Site, Missouri.—
Pub. L. 98–32, May 23, 1983, 97 Stat. 193; Pub. L.
101–105, Oct. 2, 1989, 103 Stat. 675; Pub. L. 103–184, § 1,
Dec. 14, 1993, 107 Stat. 2243; Pub. L. 108–396, Oct. 30,
2004, 118 Stat. 2250.
Herbert Hoover National Historic Site, Iowa.—Pub. L.
89–119, Aug. 12, 1965, 79 Stat. 510.
Home of Franklin D. Roosevelt National Historic Site,
New York.—Designated Jan. 15, 1944; Pub. L. 105–364,
Nov. 6, 1998, 112 Stat. 3300; Pub. L. 106–147, Dec. 9,
1999, 113 Stat. 1717.
Hopewell Furnace [formerly Hopewell Village] National Historic Site, Pennsylvania.—Designated
Aug. 3, 1938; redesignated Sept. 19, 1985, 50 F.R. 52385.
Hubbell Trading Post National Historic Site, Arizona.—Pub. L. 89–148, Aug. 28, 1965, 79 Stat. 584.
James A. Garfield National Historic Site, Ohio.—Pub.
L. 96–607, title XII, Dec. 28, 1980, 94 Stat. 3545.
Jefferson National Expansion Memorial, National Historical Site, Missouri.—Designated Dec. 21, 1935
Jimmy Carter National Historic Site, Georgia.—Pub.
L. 100–206, Dec. 23, 1987, 101 Stat. 1434; Pub. L.
105–106, § 1, Nov. 20, 1997, 111 Stat. 2247.
John Fitzgerald Kennedy National Historic Site, Massachusetts.—Pub. L. 90–20, May 26, 1967, 81 Stat. 29.
John Muir National Historic Site, California.—Pub. L.
88–547, Aug. 31, 1964, 78 Stat. 753; Pub. L. 100–563, § 5,
Oct. 31, 1988, 102 Stat. 2829; Pub. L. 108–385, Oct. 30,
2004, 118 Stat. 2227.
Kate Mullany National Historic Site, New York.–Pub.
L. 108–438, Dec. 3, 2004, 118 Stat. 2625.

Page 825

TITLE 16—CONSERVATION

§ 461

NATIONAL HISTORIC SITES—CONTINUED

NATIONAL HISTORIC SITES—CONTINUED

Knife River Indian Villages National Historic Site,
North Dakota.—Pub. L. 93–486, title I, § 101(a)(3), Oct.
26, 1974, 88 Stat. 1461; Pub. L. 101–430, § 1, Oct. 15, 1990,
104 Stat. 959.
Lincoln Home National Historic Site, Illinois.—Pub.
L. 92–127, Aug. 18, 1971, 85 Stat. 347.
Little Rock Central High School National Historic
Site, Arkansas.—Pub. L. 105–356, Nov. 6, 1998, 112
Stat. 3268.
Longfellow House-Washington’s Headquarters [formerly Longfellow] National Historic Site, Massachusetts.—Pub. L. 92–475, Oct. 9, 1972, 86 Stat. 791;
Pub. L. 111–333, Dec. 22, 2010, 124 Stat. 3581.
Lower East Side Tenement National Historic Site,
New York.—Pub. L. 105–378, title I, Nov. 12, 1998, 112
Stat. 3395.
Lyndon B. Johnson National Historic Site, Texas [redesignated Lyndon B. Johnson National Historical
Park by Pub. L. 96–607, title VI, Dec. 3, 1980, 94 Stat.
3540 (16 U.S.C. 410kk to 410kk–2)].—Pub. L. 91–134,
Dec. 2, 1969, 83 Stat. 274.
Maggie L. Walker National Historic Site, Virginia.—
Pub. L. 95–625, title V, § 511, Nov. 10, 1978, 92 Stat.
3510.
Manzanar National Historic Site, California.—Pub. L.
102–248, title I, Mar. 3, 1992, 106 Stat. 40; Pub. L.
104–333, div. I, title V, § 515, Nov. 12, 1996, 110 Stat.
4167.
Mar-A-Lago National Historic Site, Florida [redesignated Mar-A-Lago National Historic Landmark by
Pub. L. 96–586, § 4(a)(2), Dec. 23, 1980, 94 Stat. 3386 (16
U.S.C. 467a note)].—Designated Jan. 16, 1969; Pub. L.
92–527, Oct. 21, 1972, 86 Stat. 1049; repealed by Pub. L.
96–586, § 4(a)(1), Dec. 23, 1980, 94 Stat. 3386.
Martin Luther King, Junior, National Historic Site,
Georgia.—Pub. L. 96–428, Oct. 10, 1980, 94 Stat. 1839;
Pub. L. 102–575, title XL, § 4024, Oct. 30, 1992, 106 Stat.
4768; Pub. L. 108–314, Oct. 5, 2004, 118 Stat. 1198.
Martin Van Buren National Historic Site, New York.—
Pub. L. 93–486, title I, § 101(a)(6), Oct. 26, 1974, 88 Stat.
1462; Pub. L. 111–11, title VII, § 7112, Mar. 30, 2009, 123
Stat. 1201.
Mary McLeod Bethune Council House National Historic Site, District of Columbia.—Pub. L. 97–329, Oct.
15, 1982, 96 Stat. 1615; Pub. L. 102–211, Dec. 11, 1991,
105 Stat. 1652.
Minidoka National Historic Site, Idaho.—Pub. L.
110–229, title III, § 313, May 8, 2008, 122 Stat. 770.
Minuteman Missile National Historic Site, South Dakota.—Pub. L. 106–115, Nov. 29, 1999, 113 Stat. 1540;
Pub. L. 113–36, Sept. 18, 2013, 127 Stat. 521.
Nicodemus National Historic Site, Kansas.—Pub. L.
104–333, div. I, title V, § 512, Nov. 12, 1996, 110 Stat.
4163; Pub. L. 106–176, title I, § 112, Mar. 10, 2000, 114
Stat. 27.
Ninety Six National Historic Site, South Carolina.—
Pub. L. 94–393, Aug. 19, 1976, 90 Stat. 1196.
Old Philadelphia Custom House National Historic
Site, Pennsylvania.—Designated May 26, 1939.
Palo Alto Battlefield National Historic Site, Texas
[redesignated Palo Alto Battlefield National Historical Park by Pub. L. 111–11, title VII, § 7113(a)(1), Mar.
30, 2009, 123 Stat. 1201 (16 U.S.C. 410nnn et seq.)].—
Pub. L. 95–625, title V, § 506, Nov. 10, 1978, 92 Stat.
3500; Pub. L. 102–304, June 23, 1992, 106 Stat. 256.
President William Jefferson Clinton Birthplace Home
National Historic Site, Arkansas.—Pub. L. 111–11,
title VII, § 7002, Mar. 30, 2009, 123 Stat. 1188.
Pu‘ukohola¯ Heiau National Historic Site, Hawaii.—
Pub. L. 92–388, Aug. 17, 1972, 86 Stat. 562; Pub. L.
106–510, § 3(e), Nov. 13, 2000, 114 Stat. 2364.
Ronald Reagan Boyhood Home National Historic Site,
Illinois.—Pub. L. 107–137, Feb. 6, 2002, 116 Stat. 3.
Saint Gaudens National Historic Site, New Hampshire.—Pub. L. 88–543, Aug. 31, 1964, 78 Stat. 749; Pub.
L. 106–491, Nov. 9, 2000, 114 Stat. 2209.

Salem Maritime National Historic Site, Massachusetts.—Designated Mar. 17, 1938; Pub. L. 100–349,
June 27, 1988, 102 Stat. 659; Pub. L. 101–632, Nov. 28,
1990, 104 Stat. 4575.
San Juan National Historic Site, Puerto Rico.—Designated Feb. 14, 1949.
Sand Creek Massacre National Historic Site, Colorado.—Pub. L. 106–465, Nov. 7, 2000, 114 Stat. 2019;
Pub. L. 109–45, Aug. 2, 2005, 119 Stat. 445.
Saugus Iron Works National Historic Site, Massachusetts.—Pub. L. 90–282, Apr. 5, 1968, 82 Stat. 72.
Sewall-Belmont House National Historic Site, District
of Columbia.—Pub. L. 93–486, title II, Oct. 26, 1974, 88
Stat. 1463.
Springfield Armory National Historic Site, Massachusetts.—Pub. L. 93–486, title I, § 101(a)(4), Oct. 26, 1974,
88 Stat. 1461.
Steamtown National Historic Site, Pennsylvania.—
Pub. L. 99–500, § 101(h) [title I, §§ 1–5], Oct. 18, 1986, 100
Stat. 1783–248, and Pub. L. 99–591, § 101(h) [title I,
§§ 1–5], Oct. 30, 1986, 100 Stat. 3341–248.
Thaddeus Kosciuszko Home National Historic Site,
Pennsylvania.—Pub. L. 92–524, Oct. 21, 1972, 86 Stat.
1046.
Theodore Roosevelt Inaugural [formerly Ansley
Wilcox House] National Historic Site, New York.—
Pub. L. 89–708, Nov. 2, 1966, 80 Stat. 1101; Pub. L.
96–607, title VIII, Dec. 28, 1980, 94 Stat. 3541.
Thomas Cole National Historic Site, New York.—Pub.
L. 106–146, Dec. 9, 1999, 113 Stat. 1714.
Thomas Stone National Historic Site, Maryland.—
Pub. L. 95–625, title V, § 510, Nov. 10, 1978, 92 Stat.
3510.
Tuskegee Airmen National Historic Site, Alabama.—
Pub. L. 105–355, title III, Nov. 6, 1998, 112 Stat. 3254.
Tuskegee Institute National Historic Site, Alabama.—
Pub. L. 93–486, title I, § 101(a)(5), Oct. 26, 1974, 88 Stat.
1462.
Ulysses S. Grant National Historic Site, Missouri.—
Pub. L. 101–106, Oct. 2, 1989, 103 Stat. 677.
Vanderbilt Mansion National Historic Site, New
York.—Designated Dec. 18, 1940.
Weir Farm National Historic Site, Connecticut.—Pub.
L. 101–485, Oct. 31, 1990, 104 Stat. 1171; Pub. L. 103–449,
title II, Nov. 2, 1994, 108 Stat. 4756; Pub. L. 105–363,
§ 1, Nov. 6, 1998, 112 Stat. 3296; Pub. L. 111–11, title
VII, § 7102, Mar. 30, 2009, 123 Stat. 1190.
William Howard Taft National Historic Site, Ohio.—
Pub. L. 91–132, Dec. 2, 1969, 83 Stat. 273; Pub. L.
107–60, Nov. 5, 2001, 115 Stat. 408.
For other historic sites included within this title, see
General Index.
NATIONAL BATTLEFIELD SITES
Cowpens National Battlefield Site, South Carolina.—
Act Mar. 4, 1929, ch. 699, 45 Stat. 1558.
Fort Necessity National Battlefield Site, Pennsylvania.—Act Mar. 4, 1931, ch. 504, 46 Stat. 1522 [redesignated Fort Necessity National Battlefield by Pub.
L. 87–134, § 3, Aug. 10, 1961, 75 Stat. 336. See section
430rr of this title].
Shenandoah Valley Battlefields National Historic District, Virginia.—Pub. L. 104–333, div. I, title VI, § 606,
Nov. 12, 1996, 110 Stat. 4174; Pub. L. 106–176, title I,
§ 115, Mar. 10, 2000, 114 Stat. 27.
Washita Battlefield National Historic Site, Oklahoma.—Pub. L. 104–333, div. I, title VI, § 607, Nov. 12,
1996, 110 Stat. 4180; Pub. L. 106–176, title I, § 116, Mar.
10, 2000, 114 Stat. 27.
NATIONAL HERITAGE AND RIVER CORRIDORS
Blackstone River Valley National Heritage Corridor,
Massachusetts and Rhode Island (see John H. Chafee
Blackstone River Valley National Heritage Corridor,
Massachusetts and Rhode Island).

§ 461

TITLE 16—CONSERVATION

Page 826

NATIONAL HERITAGE AND RIVER CORRIDORS—CONTINUED

NATIONAL HERITAGE AREAS—CONTINUED

Cache La Poudre Corridor, Colorado.—Pub. L. 104–323,
Oct. 19, 1996, 110 Stat. 3889; repealed by Pub. L.
111–11, title VIII, § 8002(j), Mar. 30, 2009, 123 Stat. 1235.
Delaware and Lehigh National Heritage Corridor,
Pennsylvania.—Pub. L. 100–692, Nov. 18, 1988, 102
Stat. 4552; Pub. L. 105–355, title IV, Nov. 6, 1998, 112
Stat. 3258; Pub. L. 108–199, div. H, § 141, Jan. 23, 2004,
118 Stat. 443; Pub. L. 111–11, title VIII, § 8202, Mar. 30,
2009, 123 Stat. 1292; Pub. L. 113–6, div. F, title IV,
§ 1404(c), Mar. 26, 2013, 127 Stat. 420.
Erie Canalway National Heritage Corridor, New
York.—Pub. L. 106–554, § 1(a)(4) [div. B, title VIII],
Dec. 21, 2000, 114 Stat. 2763, 2763A–295; Pub. L. 111–11,
title VIII, § 8203, Mar. 30, 2009, 123 Stat. 1294.
Gullah/Geechee Cultural Heritage Corridor, Florida,
Georgia, North Carolina, and South Carolina.—Pub.
L. 109–338, title II, §§ 295–295L, Oct. 12, 2006, 120 Stat.
1832–1837.
Illinois and Michigan Canal National Heritage Corridor, Illinois.—Pub. L. 98–398, title I, Aug. 24, 1984,
98 Stat. 1456; Pub. L. 104–333, div. I, title IX, § 902,
Nov. 12, 1996, 110 Stat. 4204; Pub. L. 105–355, title V,
§ 502, Nov. 6, 1998, 112 Stat. 3261; Pub. L. 106–554,
§ 1(a)(4) [div. B, title I, § 126], Dec. 21, 2000, 114 Stat.
2763, 2763A–229; Pub. L. 109–338, title IV, Oct. 12, 2006,
120 Stat. 1850.
John H. Chafee Blackstone River Valley National Heritage Corridor [formerly Blackstone River Valley
National Heritage Corridor], Massachusetts and
Rhode Island.—Pub. L. 99–647, Nov. 10, 1986, 100 Stat.
3625; Pub. L. 101–441, Oct. 18, 1990, 104 Stat. 1017; Pub.
L. 102–154, title I, § 118, Nov. 13, 1991, 105 Stat. 1013;
Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 115],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–201; Pub. L.
104–333, div. I, title IX, § 901, Nov. 12, 1996, 110 Stat.
4201; Pub. L. 105–355, title V, § 501, Nov. 6, 1998, 112
Stat. 3261; Pub. L. 106–113, div. B, § 1000(a)(3) [title
III, § 343], Nov. 29, 1999, 113 Stat. 1535, 1501A–202; Pub.
L. 106–176, title I, § 121, Mar. 10, 2000, 114 Stat. 29;
Pub. L. 109–338, title VII, §§ 701, 702, Oct. 12, 2006, 120
Stat. 1857; Pub. L. 111–11, title VIII, § 8204, Mar. 30,
2009, 123 Stat. 1295; Pub. L. 112–10, div. B, title VII,
§ 1767, Apr. 15, 2011, 125 Stat. 155; Pub. L. 113–6, div. F,
title IV, § 1404(b), Mar. 26, 2013, 127 Stat. 420.
Ohio & Erie Canal National Heritage Corridor, Ohio
(see Ohio & Erie National Heritage Canalway, Ohio).
Quinebaug and Shetucket Rivers Valley National Heritage Corridor, Connecticut and Massachusetts.—
Pub. L. 103–449, title I, Nov. 2, 1994, 108 Stat. 4752;
Pub. L. 106–149, Dec. 9, 1999, 113 Stat. 1726; Pub. L.
111–11, title VIII, § 8201, Mar. 30, 2009, 123 Stat. 1291.
South Carolina National Heritage Corridor, South
Carolina.—Pub. L. 104–333, div. II, title VI, Nov. 12,
1996, 110 Stat. 4260; Pub. L. 110–229, title IV, §§ 461,
473, May 8, 2008, 122 Stat. 824, 826; Pub. L. 113–6, div.
F, title IV, § 1404(a), Mar. 26, 2013, 127 Stat. 420.

Baltimore National Heritage Area, Maryland.—Pub.
L. 111–11, title VIII, § 8005, Mar. 30, 2009, 123 Stat.
1247.
Blue Ridge National Heritage Area, North Carolina.—
Pub. L. 108–108, title I, § 140, Nov. 10, 2003, 117 Stat.
1274.
Cache La Poudre River National Heritage Area, Colorado.—Pub. L. 111–11, title VIII, § 8002, Mar. 30, 2009,
123 Stat. 1229.
Crossroads of the American Revolution National Heritage Area, New Jersey.—Pub. L. 109–338, title II,
§§ 297–297J, Oct. 12, 2006, 120 Stat. 1837–1844; Pub. L.
111–11, title VII, § 7116(i), Mar. 30, 2009, 123 Stat. 1203.
Essex National Heritage Area, Massachusetts.—Pub.
L. 104–333, div. II, title V, Nov. 12, 1996, 110 Stat. 4257;
Pub. L. 106–176, title II, § 204, Mar. 10, 2000, 114 Stat.
31; Pub. L. 110–229, title IV, § 461, May 8, 2008, 122
Stat. 824; Pub. L. 113–6, div. F, title IV, § 1404(a), Mar.
26, 2013, 127 Stat. 420.
Freedom’s Frontier National Heritage Area, Kansas
and Missouri.—Pub. L. 109–338, title II, §§ 261–269,
Oct. 12, 2006, 120 Stat. 1807–1813.
Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.—Pub. L. 111–11, title VIII,
§ 8006, Mar. 30, 2009, 123 Stat. 1253.
Hudson River Valley National Heritage Area, New
York.—Pub. L. 104–333, div. II, title IX, Nov. 12, 1996,
110 Stat. 4275; Pub. L. 105–83, title III, §§ 317, 324, Nov.
14, 1997, 111 Stat. 1595, 1597; Pub. L. 106–176, title II,
§ 206, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110–229, title
IV, § 461, May 8, 2008, 122 Stat. 824; Pub. L. 113–6, div.
F, title IV, § 1404(a), Mar. 26, 2013, 127 Stat. 420.
Journey Through Hallowed Ground National Heritage
Area, Maryland, Pennsylvania, Virginia, West Virginia.—Pub. L. 110–229, title IV, §§ 401–411, May 8,
2008, 122 Stat. 802–809.
Kenai Mountains-Turnagain Arm National Heritage
Area, Alaska.—Pub. L. 111–11, title VIII, § 8010, Mar.
30, 2009, 123 Stat. 1282.
Lackawanna Valley National Heritage Area, Pennsylvania.—Pub. L. 106–278, title I, Oct. 6, 2000, 114 Stat.
814; Pub. L. 108–352, § 2, Oct. 21, 2004, 118 Stat. 1395;
Pub. L. 113–6, div. F, title IV, § 1404(d), Mar. 26, 2013,
127 Stat. 420.
Mississippi Delta National Heritage Area, Mississippi.—Pub. L. 111–11, title VIII, § 8008, Mar. 30,
2009, 123 Stat. 1267.
Mississippi Gulf Coast National Heritage Area, Mississippi.—Pub. L. 108–447, div. J, title VII, Dec. 8,
2004, 118 Stat. 3374.
Mississippi Hills National Heritage Area, Mississippi.—Pub. L. 111–11, title VIII, § 8007, Mar. 30,
2009, 123 Stat. 1260.
Mormon Pioneer National Heritage Area, Utah.—Pub.
L. 109–338, title II, §§ 251–260, Oct. 12, 2006, 120 Stat.
1800–1807.
Muscle Shoals National Heritage Area, Alabama.—
Pub. L. 111–11, title VIII, § 8009, Mar. 30, 2009, 123
Stat. 1275.
National Aviation Heritage Area, Ohio.—Pub. L.
108–447, div. J, title V, Dec. 8, 2004, 118 Stat. 3361;
Pub. L. 111–11, title VII, § 7117(d), Mar. 30, 2009, 123
Stat. 1204.
National Coal Heritage Area, West Virginia.—Pub. L.
104–333, div. II, title I, Nov. 12, 1996, 110 Stat. 4243;
Pub. L. 106–176, title II, § 201, Mar. 10, 2000, 114 Stat.
31; Pub. L. 109–338, title IX, § 901, Oct. 12, 2006, 120
Stat. 1862; Pub. L. 110–229, title IV, §§ 461, 471, May 8,
2008, 122 Stat. 824, 825; Pub. L. 113–6, div. F, title IV,
§ 1404(a), Mar. 26, 2013, 127 Stat. 420.
Niagara Falls National Heritage Area, New York.—
Pub. L. 110–229, title IV, §§ 421–432, May 8, 2008, 122
Stat. 809–818.
Northern Plains National Heritage Area, North Dakota.—Pub. L. 111–11, title VIII, § 8004, Mar. 30, 2009,
123 Stat. 1240; Pub. L. 111–88, div. A, title I, § 120, Oct.
30, 2009, 123 Stat. 2929.

NATIONAL HERITAGE AREAS
Abraham Lincoln National Heritage Area, Illinois.—
Pub. L. 110–229, title IV, §§ 441–451, May 8, 2008, 122
Stat. 818–824.
Arabia Mountain National Heritage Area, Georgia.—
Pub. L. 109–338, title II, §§ 231–242, Oct. 12, 2006, 120
Stat. 1795–1800.
Atchafalaya National Heritage Area, Louisiana.—Pub.
L. 109–338, title II, §§ 211–221, Oct. 12, 2006, 120 Stat.
1791–1795.
Augusta Canal National Heritage Area, Georgia.—Pub.
L. 104–333, div. II, title III, Nov. 12, 1996, 110 Stat.
4249; Pub. L. 106–176, title II, § 203, Mar. 10, 2000, 114
Stat. 31; Pub. L. 110–229, title IV, § 461, May 8, 2008,
122 Stat. 824; Pub. L. 113–6, div. F, title IV, § 1404(a),
Mar. 26, 2013, 127 Stat. 420.
Automobile National Heritage Area, Michigan.—Pub.
L. 105–355, title I, Nov. 6, 1998, 112 Stat. 3247.

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NATIONAL HERITAGE AREAS—CONTINUED
Northern Rio Grande National Heritage Area, New
Mexico.—Pub. L. 109–338, title II, §§ 201–209, Oct. 12,
2006, 120 Stat. 1787–1790.
Oil Region National Heritage Area, Pennsylvania.—
Pub. L. 108–447, div. J, title VI, Dec. 8, 2004, 118 Stat.
3368.
Rivers of Steel National Heritage Area [formerly Steel
Industry American Heritage Area], Pennsylvania.—
Pub. L. 104–333, div. II, title IV, Nov. 12, 1996, 110
Stat. 4252; Pub. L. 106–113, div. B, § 1000(a)(3) [title I,
§ 116], Nov. 29, 1999, 113 Stat. 1535, 1501A–158; Pub. L.
110–229, title IV, §§ 461, 472, May 8, 2008, 122 Stat. 824,
826; Pub. L. 113–6, div. F, title IV, § 1404(a), Mar. 26,
2013, 127 Stat. 420.
Sangre de Cristo National Heritage Area, Colorado.—
Pub. L. 111–11, title VIII, § 8001, Mar. 30, 2009, 123
Stat. 1224.
Schuylkill River Valley National Heritage Area,
Pennsylvania.—Pub. L. 106–278, title II, Oct. 6, 2000,
114 Stat. 819.
South Park National Heritage Area, Colorado.—Pub.
L. 111–11, title VIII, § 8003, Mar. 30, 2009, 123 Stat.
1235.
Steel Industry American Heritage Area (see Rivers of
Steel National Heritage Area, Pennsylvania).
Tennessee Civil War Heritage Area, Tennessee.—Pub.
L. 104–333, div. II, title II, Nov. 12, 1996, 110 Stat. 4245;
Pub. L. 106–176, title II, § 202, Mar. 10, 2000, 114 Stat.
31; Pub. L. 110–229, title IV, § 461, May 8, 2008, 122
Stat. 824; Pub. L. 113–6, div. F, title IV, § 1404(a), Mar.
26, 2013, 127 Stat. 420.
Upper Housatonic Valley National Heritage Area,
Connecticut and Massachusetts.—Pub. L. 109–338,
title II, §§ 271–280B, Oct. 12, 2006, 120 Stat. 1813–1819.
Wheeling National Heritage Area, West Virginia.—
Pub. L. 106–291, title I, § 157, Oct. 11, 2000, 114 Stat.
963.
Yuma Crossing National Heritage Area, Arizona.—
Pub. L. 106–319, Oct. 19, 2000, 114 Stat. 1280; Pub. L.
109–318, § 1, Oct. 11, 2006, 120 Stat. 1745.
NATIONAL HERITAGE CANALWAYS
Ohio & Erie National Heritage Canalway, Ohio [formerly Ohio & Erie Canal National Heritage Corridor].—Pub. L. 104–333, div. II, title VIII, Nov. 12,
1996, 110 Stat. 4267; Pub. L. 106–176, title II, § 205, Mar.
10, 2000, 114 Stat. 31; Pub. L. 110–229, title IV, §§ 461,
474, May 8, 2008, 122 Stat. 824, 826; Pub. L. 111–11, title
VII, § 7116(j), Mar. 30, 2009, 123 Stat. 1203; Pub. L.
113–6, div. F, title IV, § 1404(a), Mar. 26, 2013, 127 Stat.
420.
NATIONAL HERITAGE PARTNERSHIPS
America’s Agricultural Heritage Partnership, Iowa.—
Pub. L. 104–333, div. II, title VII, Nov. 12, 1996, 110
Stat. 4264; Pub. L. 106–176, title III, § 309, Mar. 10,
2000, 114 Stat. 34; Pub. L. 110–229, title IV, § 461, May
8, 2008, 122 Stat. 824; Pub. L. 113–6, div. F, title IV,
§ 1404(a), Mar. 26, 2013, 127 Stat. 420.
Champlain Valley National Heritage Partnership, New
York and Vermont.—Pub. L. 109–338, title II,
§§ 281–289, Oct. 12, 2006, 120 Stat. 1819–1824.
NATIONAL HERITAGE ROUTES
Great Basin National Heritage Route, Nevada and
Utah.—Pub. L. 109–338, title II, §§ 291–291L, Oct. 12,
2006, 120 Stat. 1824–1831.
HISTORIC CONFINEMENT SITES
Pub. L. 109–441, Dec. 21, 2006, 120 Stat. 3288, as amended by Pub. L. 111–88, div. A, title I, § 119, Oct. 30, 2009,
123 Stat. 2929, provided that:
‘‘SECTION 1. PRESERVATION OF HISTORIC CONFINEMENT SITES.
‘‘(a) PRESERVATION PROGRAM.—The Secretary shall
create a program within the National Park Service to

§ 461

encourage, support, recognize, and work in partnership
with citizens, Federal agencies, State, local, and tribal
governments, other public entities, educational institutions, and private nonprofit organizations for the purpose of identifying, researching, evaluating, interpreting, protecting, restoring, repairing, and acquiring historic confinement sites in order that present and future
generations may learn and gain inspiration from these
sites and that these sites will demonstrate the Nation’s
commitment to equal justice under the law.
‘‘(b) GRANTS.—
‘‘(1) CRITERIA.—The Secretary, after consultation
with State, local, and tribal governments, other public entities, educational institutions, and private
nonprofit organizations (including organizations involved in the preservation of historic confinement
sites), shall develop criteria for making grants under
paragraph (2) to assist in carrying out subsection (a).
‘‘(2) PROVISION OF GRANTS.—Not later than 180 days
after the date on which funds are made available to
carry out this Act, the Secretary shall, subject to the
availability of appropriations, make grants to the entities described in paragraph (1) only in accordance
with the criteria developed under that paragraph.
‘‘(c) PROPERTY ACQUISITION.—
‘‘(1) AUTHORITY.—Federal funds made available
under this section may be used to acquire non-Federal property for the purposes of this section, in accordance with section 3, only if that property is within the areas described in paragraph (2).
‘‘(2) PROPERTY DESCRIPTIONS.—The property referred to in paragraph (2) [probably should be ‘‘(1)’’]
is the following:
‘‘(A) Jerome, depicted in Figure 7.1 of the Site
Document.
‘‘(B) Rohwer, depicted in Figure 11.2 of the Site
Document.
‘‘(C) Topaz, depicted in Figure 12.2 of the Site
Document.
‘‘(D) Honouliuli, located on the southern part of
the Island of Oahu, Hawaii, and within the land
area bounded by H1 to the south, Route 750 (Kunia
Road) to the east, the Honouliuli Forest Reserve to
the west, and Kunia town and Schofield Barracks to
the north.
‘‘(E) Heart Mountain, depicted in Figure 6.3 of the
Site Document.
‘‘(3) NO EFFECT ON PRIVATE PROPERTY.—The authority granted in this subsection shall not constitute a
Federal designation or have any effect on private
property ownership.
‘‘(d) MATCHING FUND REQUIREMENT.—The Secretary
shall require a 50 percent non-Federal match for funds
provided under this section.
‘‘(e) SUNSET OF AUTHORITY.—This Act shall have no
force or effect on and after the date that is 2 years after
the disbursement to grantees under this section of the
total amount of funds authorized to be appropriated
under section 4.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act the following definitions
apply:
‘‘(1) HISTORIC CONFINEMENT SITES.—(A) The term
‘historic confinement sites’ means the 10 internment
camp sites referred to as Gila River, Granada, Heart
Mountain, Jerome, Manzanar, Minidoka, Poston,
Rohwer, Topaz, and Tule Lake and depicted in Figures 4.1, 5.1, 6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 12.2, and 13.2, respectively, of the Site Document; and
‘‘(B) other historically significant locations, as determined by the Secretary, where Japanese Americans were detained during World War II.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(3) SITE DOCUMENT.—The term ‘Site Document’
means the document titled ‘Confinement and Ethnicity: An Overview of World War II Japanese American Relocation Sites’, published by the Western Archeological and Conservation Center, National Park
Service, in 1999.

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‘‘SEC. 3. PRIVATE PROPERTY PROTECTION.
‘‘No Federal funds made available to carry out this
Act may be used to acquire any real property or any interest in any real property without the written consent
of the owner or owners of that property or interest in
property.
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Secretary $38,000,000 to carry out this Act. Such sums shall
remain available until expended.’’
CROSSROADS OF THE WEST HISTORIC DISTRICT
Pub. L. 106–577, title III, § 302, Dec. 28, 2000, 114 Stat.
3072, established the Crossroads of the West Historic
District in Ogden, Utah, provided that the Secretary of
the Interior could make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities for the preparation of a
plan for the development of historic, architectural,
natural, cultural, and interpretive resources within the
District, for implementation of projects approved by
the Secretary under that development plan, for an
analysis assessing measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District’s historic character, and for assisting in the restoration, repair, rehabilitation and improvement of
historic infrastructure, and the preservation and interpretation of properties, within the District, set forth
the application process, and authorized appropriations.
ROUTE 66 CORRIDOR
Pub. L. 106–45, Aug. 10, 1999, 113 Stat. 224, as amended
by Pub. L. 111–11, title VII, § 7304, Mar. 30, 2009, 123 Stat.
1218, authorized the Secretary of the Interior, acting
through the Cultural Resource Programs at the National Park Service, to develop and carry out programs
of technical assistance, grants, and coordination of activities for the preservation of the Route 66 corridor
and authorized appropriations for these purposes.
CHESAPEAKE BAY INITIATIVE
Pub. L. 105–312, title V, Oct. 30, 1998, 112 Stat. 2961, as
amended by Pub. L. 107–308, § 9, Dec. 2, 2002, 116 Stat.
2448; Pub. L. 111–212, title III, § 3005, July 29, 2010, 124
Stat. 2339; Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125
Stat. 991, known as the Chesapeake Bay Initiative Act
of 1998, authorized Secretary of the Interior, in cooperation with Administrator of the Environmental
Protection Agency, to create a Chesapeake Bay Gateways and Watertrails Network and to provide assistance to State and local governments in establishing
this network, and authorized appropriations for these
purposes.
CHARLESTON, ARKANSAS, NATIONAL COMMEMORATIVE
SITE
Pub. L. 105–277, div. A, § 101(e) [title I, § 128], Oct. 21,
1998, 112 Stat. 2681–231, 2681–262, provided that:
‘‘(a) The Congress finds that—
‘‘(1) the 1954 U.S. Supreme Court decision of Brown
v. Board of Education, which mandated an end to the
segregation of public schools, was one of the most
significant Court decisions in the history of the
United States;
‘‘(2) the Charleston Public School District in
Charleston, Arkansas, in September, 1954, became the
first previously-segregated public school district in
the former Confederacy to integrate following the
Brown decision;
‘‘(3) the orderly and peaceful integration of the public schools in Charleston served as a model and inspiration in the development of the Civil Rights movement in the United States, particularly with respect
to public education; and
‘‘(4) notwithstanding the important role of the
Charleston School District in the successful implementation of integrated public schools, the role of

Page 828

the district has not been adequately commemorated
and interpreted for the benefit and understanding of
the nation.
‘‘(b) The Charleston Public School complex in
Charleston, Arkansas is hereby designated as the
‘Charleston National Commemorative Site’ in commemoration of the Charleston schools’ role as the first
public school district in the South to integrate following the 1954 United States Supreme Court decision,
Brown v. Board of Education.
‘‘(c) The Secretary, after consultation with the
Charleston Public School District, shall establish an
appropriate commemorative monument and interpretive exhibit at the Charleston National Commemorative Site to commemorate the 1954 integration of
Charleston’s public schools.’’
VANCOUVER NATIONAL HISTORIC RESERVE
Pub. L. 104–333, div. I, title V, § 502, Nov. 12, 1996, 110
Stat. 4154, as amended by Pub. L. 106–176, title I, § 107,
Mar. 10, 2000, 114 Stat. 26; Pub. L. 107–342, § 1, Dec. 17,
2002, 116 Stat. 2891, established Vancouver National Historic Reserve, Washington, directed that Reserve be administered through general management plan submitted by National Park Service to Secretary of the Interior within 3 years after Nov. 12, 1996, developed by
partnership of interests including National Park Service, Historic Preservation Office of State of Washington, Department of the Army, and City of Vancouver,
Washington, and to include specific findings of Vancouver Historic Reserve Report and to meet with approval of Secretary of the Interior and Secretary of the
Army, directed that plan not be deemed new unit of National Park System and not limit authority of Federal
Aviation Administration, and authorized appropriations.
GREAT FALLS HISTORIC DISTRICT, NEW JERSEY
Pub. L. 104–333, div. I, title V, § 510, Nov. 12, 1996, 110
Stat. 4158, as amended by Pub. L. 106–176, title I, § 110,
Mar. 10, 2000, 114 Stat. 26, established Great Falls Historic District in Paterson, New Jersey, and included
statement of purposes, definitions, development plan,
and provisions relating to cooperative agreements and
applications for restoration, preservation and interpretation of properties, and authorization of appropriations.
ALEUTIAN WORLD WAR II NATIONAL HISTORIC AREA
Pub. L. 104–333, div. I, title V, § 513, Nov. 12, 1996, 110
Stat. 4165, as amended by Pub. L. 106–176, title I, § 113,
Mar. 10, 2000, 114 Stat. 27, cited as ‘‘Aleutian World War
II National Historic Areas Act of 1996’’, designated and
preserved Aleutian World War II National Historic Area
within lands owned by Ounalaska Corporation on Island of Amaknak, Alaska, set boundaries of Historic
Area, set terms, conditions, and limitations, and authorized Secretary of the Interior to award grants and
provide technical assistance to Ounalaska Corporation
and City of Unalaska.
MAINE ACADIAN CULTURE PRESERVATION ACT
Pub. L. 101–543, Nov. 8, 1990, 104 Stat. 2389, established
Maine Acadian Culture Preservation Commission, prescribed duties of Commission, required Secretary of the
Interior within 1 year to prepare and transmit to Congress a comprehensive study of Acadian culture in
Maine, authorized cooperative agreements and establishment of Acadian Culture Center, and authorized appropriations.
SOUTHWESTERN PENNSYLVANIA HERITAGE
PRESERVATION COMMISSION
Pub. L. 100–698, § 1, title I, §§ 101–105, Nov. 19, 1988, 102
Stat. 4618, as amended by Pub. L. 104–333, div. I, title
VIII, § 814(d)(1)(L), Nov. 12, 1996, 110 Stat. 4196; Pub. L.
106–291, title I, § 148, Oct. 11, 2000, 114 Stat. 956, provided
for the establishment and staffing of the Southwestern
Pennsylvania Heritage Preservation Commission and

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set forth its powers and functions as a means for recognizing, preserving, promoting, and interpreting the
cultural heritage of the 9-county region in southwestern Pennsylvania associated with the three basic industries of iron and steel, coal, and transportation.
HISTORIC RESOURCES OF CAMDEN, SOUTH CAROLINA
Pub. L. 97–184, May 24, 1982, 96 Stat. 99, provided:
‘‘That (a) in order to assist in the preservation of the
nationally significant historic resources associated
with the town of Camden, South Carolina, a key location in the development of South Carolina and in military operations in the South during the American Revolution, the Secretary of the Interior is authorized, in
accordance with subsection 2(e) of the Act of August 21,
1935 (49 Stat. 666) [section 462(e) of this title], to enter
into a cooperative agreement or agreements with the
Camden Historical Commission, the Camden District
Heritage Foundation, or other appropriate public, governmental, or private nonprofit entities pursuant to
which the Secretary may assist in the protection, restoration, and interpretation of such resources for the
benefit of the public.
‘‘(b) Beginning October 1, 1982, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this
note], but not to exceed $250,000.’’
EBEY’S LANDING NATIONAL HISTORICAL RESERVE
Pub. L. 95–625, title V, § 508, Nov. 10, 1978, 92 Stat. 3507,
as amended Pub. L. 96–87, title IV, § 401(k), Oct. 12, 1979,
93 Stat. 666, provided:
‘‘(a) [Establishment, area of reserve] There is hereby
established the Ebey’s Landing National Historical Reserve (hereinafter referred to as the ‘reserve’), in order
to preserve and protect a rural community which provides an unbroken historical record from nineteenth
century exploration and settlement in Puget Sound to
the present time, and to commemorate—
‘‘(1) the first thorough exploration of the Puget
Sound area, by Captain George Vancouver, in 1792;
‘‘(2) settlement by Colonel Isaac Neff Ebey who led
the first permanent settlers to Whidbey Island,
quickly became an important figure in Washington
Territory, and ultimately was killed by Haidahs from
the Queen Charlotte Islands during a period of Indian
unrest in 1857;
‘‘(3) early active settlement during the years of the
Donation Land Law (1850–1855) [Sept. 27, 1850, ch. 76,
9 Stat. 496, Feb. 14, 1853, ch. 69, 10 Stat. 158, July 17,
1854, ch. 84, 10 Stat. 305] and thereafter; and
‘‘(4) the growth since 1883 of the historic town of
Coupeville.
The reserve shall include the area of approximately
eight thousand acres identified as the Central Whidbey
Island Historic District.
‘‘(b) [Comprehensive plan; transmittal to Congress]
(1) To achieve the purpose of this section, the Secretary, in cooperation with the appropriate State and
local units of general government, shall formulate a
comprehensive plan for the protection, preservation,
and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which
would most appropriately be devoted to—
‘‘(A) public use and development;
‘‘(B) historic and natural preservation; and
‘‘(C) private use subject to appropriate local zoning
ordinances designed to protect the historical rural
setting.
‘‘(2) Within eighteen months following the date of enactment of this section [Nov. 10, 1978], the Secretary
shall transmit the plan to the President of the Senate
and the Speaker of the House of Representatives.
‘‘(c) [Cooperative agreement; land use controls; transfer of management and administration; assistance;
grants, limitation of amount] At such time as the
State or appropriate units of local government having
jurisdiction over land use within the reserve have enacted such zoning ordinances or other land use controls

§ 461

which in the judgment of the Secretary will protect
and preserve the historic and natural features of the
area in accordance with the comprehensive plan, the
Secretary may, pursuant to cooperative agreement—
‘‘(1) transfer management and administration over
all or any part of the property acquired under subsection (d) of this section to the State or appropriate
units of local government;
‘‘(2) provide technical assistance to such State or
unit of local government in the management, protection, and interpretation of the reserve; and
‘‘(3) make periodic grants, which shall be supplemental to any other funds to which the grantee may
be entitled under any other provision of law, to such
State or local unit of government for the annual
costs of operation and maintenance, including but
not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the reserve
except that no such grant may exceed 50 per centum
of the estimated annual cost, as determined by the
Secretary, of such operation and maintenance.
‘‘(d) [Acquisition of property; administration by Secretary] The Secretary is authorized to acquire such
lands and interests as he determines are necessary to
accomplish the purposes of this section by donation,
purchase with donated or appropriated funds, or exchange, except that the Secretary may not acquire the
fee simple title to any land without the consent of the
owner. The Secretary shall, in addition, give prompt
and careful consideration to any offer made by an individual owning property within the historic district to
sell such property, if such individual notifies the Secretary that the continued ownership of such property is
causing, or would result in, undue hardship.
‘‘Lands and interests therein so acquired shall, so
long as responsibility for management and administration remains with the United States, be administered
by the Secretary subject to the provisions of the Act of
August 25, 1916 (39 Stat. 535) [sections 1, 2, 3, and 4 of
this title], as amended and supplemented, and in a
manner consistent with the purpose of this section.
‘‘(e) [Management inconsistencies; notification;
modifications; withdrawal; management by Secretary]
If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not
being managed in a manner consistent with the purposes of this section, he shall so notify the appropriate
officers of the State or local unit of government to
which such transfer was made and provide for a ninetyday period in which the transferee may make such
modifications in applicable laws, ordinances, rules, and
procedures as will be consistent with such purposes. If,
upon the expiration of such ninety-day period, the Secretary determines that such modifications have not
been made or are inadequate, he shall withdraw the
management and administration from the transferee
and he shall manage such lands in accordance with the
provisions of this section.
‘‘(f) [Authorization of appropriations] There is hereby
authorized to be appropriated not to exceed $5,000,000 to
carry out the provisions of this section.’’
SAINT PAUL’S CHURCH, EASTCHESTER
Pub. L. 95–625, title V, § 504, Nov. 10, 1978, 92 Stat. 3498,
provided:
‘‘(a) [Acquisition of property] In order to preserve and
protect Saint Paul’s Church, Eastchester, in Mount
Vernon, New York, for the benefit of present and future
generations, the Secretary may accept any gift or bequest of any property or structure which comprises
such church and any other real or personal property located within the square bounded by South Columbus
Avenue, South Third Avenue, Edison Avenue, and
South Fulton Avenue, in Mount Vernon, New York, including the cemetery located within such square and
any real property located within such square which was
at any time a part of the old village green, now in
Mount Vernon, New York.
‘‘(b) [Administration; repairs; cooperative agreements: management protection, development and inter-

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TITLE 16—CONSERVATION

pretation] Any property acquired under subsection (a)
shall be administered by the Secretary acting through
the National Park Service, in accordance with this section and provisions of law generally applicable to units
of the National Park System, including the Act approved August 25, 1916 (16 U.S.C. 1 and following) [sections 1, 2, 3, and 4 of this title] and the Act approved
August 21, 1935 [sections 461 to 467 of this title]. The
Secretary, in carrying out the provisions of such Acts
(i) shall give particular attention to assuring the completion of such structural and other repairs as he considers necessary to restore and preserve any property
acquired in accordance with this section, and (ii) may
enter into cooperative agreements with other public or
private entities for the management, protection, development, and interpretation, in whole or in part, of the
property so acquired.’’
LOWELL HISTORIC CANAL DISTRICT, LOWELL,
MASSACHUSETTS
Pub. L. 93–645, Jan. 4, 1975, 88 Stat. 2330, provided
that:
‘‘SEC. 1. [Lowell Historic Canal District Commission;
establishment purpose] For the purpose of preserving
and interpreting for the educational and inspirational
benefit of present and future generations the unique
and significant contribution to our national heritage of
certain historic and cultural lands, waterways, and edifices in the city of Lowell, Massachusetts (the cradle of
the industrial revolution in America as well as America’s first planned industrial city) with emphasis on harnessing this unique urban environment for its educational value as well as for recreation, there is hereby
established the Lowell Historic Canal District Commission (hereinafter referred to as the ‘Commission’), the
purpose of which shall be to prepare a plan for the preservation, interpretation, development, and use, by public and private entities, of the historic, cultural, and
architectural resources of the Lowell Historic Canal
District in the city of Lowell, Massachusetts.
‘‘SEC. 2. [Membership; alternate members; compensation] (a) The Commission shall consist of nine members, as follows:
‘‘(1) the Secretary of the Interior, the Secretary of
Housing and Urban Development, the Secretary of
Transportation, and the Secretary of Commerce, all
ex officio; and
‘‘(2) five members appointed by the Secretary of the
Interior, one of whom shall be the Director of the National Park Service, two of whom shall be appointed
from recommendations submitted by the manager of
the city of Lowell, and two of whom shall be appointed from recommendations submitted by the
Governor of the Commonwealth of Massachusetts.
The members appointed pursuant to this paragraph
shall have knowledge and experience in one or more
of the fields of history, architecture, the arts, recreation planning, city planning, or government.
‘‘(b) Each member of the Commission specified in
paragraph (1) of subsection (a) and the Director of the
National Park Service may designate an alternate official to serve in his stead. Members appointed pursuant
to paragraph (2) of subsection (a) who are officers or
employees of the Federal Government, the city of Lowell, or the Commonwealth of Massachusetts, shall serve
without compensation as such. Other members, when
engaged in activities of the Commission, shall be entitled to compensation at the rate of not to exceed $100
per diem. All members of the Commission shall receive
reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Commission.
‘‘SEC. 3. [Personnel; financial and administrative
services] (a) The Commission shall elect a Chairman
from among its members. Financial and administrative
services (including those relating to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided for the Commission by the General Services Administration, for which payments shall
be made in advance, or by reimbursement, from funds

Page 830

of the Commission in such amounts as may be agreed
upon by the Chairman of the Commission and the Administrator, General Services Administration: Provided, That the regulations of the Department of the
Interior for the collection of indebtedness of personnel
resulting from erroneous payments shall apply to the
collection of erroneous payments made to or on behalf
of a Commission employee, and regulations of said Secretary for the administrative control of funds shall
apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations.
‘‘(b) The Commission shall have power to appoint and
fix the compensation of such additional personnel as
may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the
Classification Act of 1949 [see sections 5101 et seq. and
5331 et seq. of Title 5, Government Organization and
Employees].
‘‘(c) The Commission may also procure, without regard to the civil service laws and the Classification Act
of 1949 [see sections 5101 et seq. and 5331 et seq. of Title
5], temporary and intermittent services to the same extent as is authorized for the executive departments by
section 15 of the Administrative Expenses Act of 1946
[see section 3109 of Title 5], but at rates not to exceed
$100 per diem for individuals.
‘‘(d) The members of the Commission specified in
paragraph (1) of section 2(a) shall provide the Commission, on a reimbursable basis, with such facilities and
services under their jurisdiction and control as may be
needed by the Commission to carry out its duties, to
the extent that such facilities and services are requested by the Commission and are otherwise available
for that purpose. To the extent of available appropriations, the Commission may obtain, by purchase, rental,
donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. Upon the termination of the Commission all property, personal and real, and unexpended funds shall be
transferred to the Department of the Interior.
‘‘SEC. 4. [Plan for preservation, etc., contents; time]
It shall be the duty of the Commission to prepare the
plan referred to in the first section of this Act, and to
submit the plan together with any recommendations
for additional legislation, to the Congress not later
than two years from the effective date of this Act. The
plan for the Lowell Historic Canal District shall include considerations and recommendations, without
limitation, regarding (1) the objectives to be achieved
by the establishment, development, and operation of
the area; (2) the types of use, both public and private,
to be accommodated; (3) criteria for the design and appearance of buildings, facilities, open spaces, and other
improvements; (4) a program for the staging of development; (5) the anticipated interpretive, cultural, and
recreational programs and uses for the area; (6) the proposed ownership and operation of all structures, facilities, and lands; (7) areas where cooperative agreements
may be anticipated; (8) estimates of costs, both public
and private, of implementing the plan; and (9) procedures to be used in implementing and insuring continuing conformance to the plan.
‘‘SEC. 5. [Termination of Commission] The Commission shall be dissolved (1) upon the termination, as determined by its members, of need for its continued existence for the implementation of the plan and the operation or coordination of the entity established by the
plan, or (2) upon expiration of a two-year period commencing on the effective date of this Act, whereupon
the completed plan has not been submitted to the Congress, whichever occurs first.
‘‘SEC. 6. [Contemplated authorizations] It is contemplated that the plan to be developed may propose
that the Commission may be authorized to—
‘‘(1) acquire lands and interests therein within the
Lowell Historic Canal District by purchase, lease, donation, or exchange;
‘‘(2) hold, maintain, use, develop, or operate buildings, facilities, and any other properties;

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TITLE 16—CONSERVATION

‘‘(3) sell, lease, or otherwise dispose of real or personal property as necessary to carry out the plan;
‘‘(4) enter into and perform such contracts, leases,
cooperative agreements, or other transactions with
any agency or instrumentality of the United States,
the Commonwealth of Massachusetts, and any governmental unit within its boundaries, or any person,
firm, association, or corporation as may be necessary;
‘‘(5) establish (through covenants, regulations,
agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, use, and protection of the
Lowell Historic Canal District in accordance with the
plan; and
‘‘(6) borrow money from the Treasury of the United
States in such amounts as may be authorized in appropriation Acts on the basis of obligations issued by
the Commission in accordance with terms and conditions approved by the Secretary of the Treasury. The
Secretary of the Treasury is authorized and directed
to purchase any such obligations of the Commission.
‘‘SEC. 7. [Title to property] Title to property of the
Commission shall be in the name of the Commission,
but it shall not be subject to any Federal, State, or municipal taxes.
‘‘SEC. 8. [Authorization of appropriations] There are
authorized to be appropriated not to exceed $150,000 for
the preparation of the plan authorized by this Act.’’
PROC. NO. 3339. ESTABLISHMENT OF KEY LARGO CORAL
REEF PRESERVE
Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, provided:
WHEREAS there is situated seaward from the coast
of Key Largo, Florida, an undersea coral reef formation
which is part of the only living coral reef formation
along the coast of North America; and
WHEREAS this unique coral formation and its associated marine life are of great scientific interest and
value to students of the sea; and
WHEREAS this coral reef is considered to be one of
the most beautiful formations of its kind in the world;
and
WHEREAS the reef is being subjected to commercial
exploitation and is in danger of destruction; and
WHEREAS it is in the public interest to preserve this
formation of great scientific and esthetic importance
for the benefit and enjoyment of the people; and
WHEREAS a portion of this reef lies inside the threemile limit in the area relinquished to the State of Florida by the United States through the Submerged Lands
Act, approved May 22, 1953 (67 Stat. 29; 43 U.S.C. 1301 et
seq.), and the remainder lies on the sea bed of the outer
Continental Shelf outside the seaward boundary of the
State of Florida and appertains to the United States, as
declared by the Outer Continental Shelf Lands Act, approved August 7, 1953 (67 Stat. 462; 43 U.S.C. 1331 et
seq.); and
WHEREAS the United States and the State of Florida are desirous of cooperating for the purpose of preserving the scenic and scientific values of this area unimpaired for the benefit of future generations; and
WHEREAS by the terms of the Outer Continental
Shelf Lands Act the United States has jurisdiction over
the lands of the outer Continental Shelf and has the exclusive right to dispose of the natural resources of the
sea bed and subsoil thereof; and
WHEREAS section 12(a) of the Outer Continental
Shelf Lands Act [subsec. (a) of section 1341 of Title 43,
Public Lands] authorizes the President to withdraw
from disposition any of the unleased lands of the outer
Continental Shelf; and
WHEREAS section 5 of the Outer Continental Shelf
Lands Act [section 1334 of Title 43] authorizes the Secretary of the Interior to prescribe rules and regulations
for the conservation of the natural resources of the
outer Continental Shelf and to cooperate with the conservation agencies of adjacent States in the enforcement of conservation laws, rules, and regulations:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER,
President of the United States of America, acting

§ 462

under and by virtue of the authority vested in me by
the Constitution and the statutes of the United States,
particularly section 12(a) of the Outer Continental
Shelf Lands Act [subsec. (a) of section 1341 of Title 43],
do proclaim that, subject to valid existing rights, the
following-described area is designated as the Key Largo
Coral Reef Preserve, and so much thereof as lies on the
outer Continental Shelf is withdrawn from disposition:
That portion of the outer Continental Shelf situated
seaward of a line three geographic miles from Key
Largo, Monroe County, Florida, lying and being within
the following described area:
Beginning at a point on the 60-foot depth curve (10fathom line) as delineated on Coast and Geodetic Survey Chart 1249 (approximate Latitude 25°17′36′′ N., Longitude 80°10′00′′ W.), 200 yards southeast of Flashing
White Light—Whistle Buoy ‘‘2’’; thence northwesterly
approximately 7,000 yards through Whistle Buoy ‘‘2’’ to
Can Buoy ‘‘21’’ (approximate Latitude 25°20′06′′ N., Longitude 80°12′36′′ W.) southeast of Old Rhodes Key; thence
southwesterly about 6,900 yards to Can Buoy ‘‘25’’;
thence southwesterly approximately 5,500 yards to Can
Buoy ‘‘27’’; thence southwesterly approximately 5,000
yards to Flashing Green Light ‘‘31BH’’ in Hawk Channel southeast of Point Elizabeth; thence southwesterly
approximately 10,650 yards to Black Day Beacon ‘‘33’’
in Hawk Channel east of Point Willie; thence southwesterly approximately 9,800 yards to Flashing White
Light ‘‘35’’ on Mosquito Bank east of Point Charles;
thence southwesterly approximately 5,400 yards to
Black Day Beacon ‘‘37’’ (approximate Latitude 25°02′25′′
N., Longitude 80°25′36′′ W.), southeast of Rodriguez Key;
thence southeasterly approximately 7,100 yards (pass
600 yards southwest of Flashing Light ‘‘2’’ at Molasses
Reef) to the 60-foot depth curve (10-fathom line) 800
yards due south of said light at Molasses Reef (approximate Latitude 25°00′18′′ N., Longitude 80°22′30′′ W.);
thence northeasterly with the 60-foot depth curve and
10-fathom line (passing easterly of French Reef, Dixie
Shoal, The Elbow, and Carysfort Reef) approximately
21 miles to the point of beginning.
I call upon all persons to join in the effort to protect
and preserve this natural wonder for the benefit of future generations.
The Secretary of the Interior is requested to prescribe rules and regulations governing the protection
and conservation of the coral and other mineral resources in this area and to cooperate with the State of
Florida and its conservation agencies in the preservation of the reef.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington this fifteenth day of
March in the year of our Lord nineteen hundred and
sixty, and of the Independence of the United States of
America the one hundred and eighty-fourth.
[SEAL]
DWIGHT D. EISENHOWER.

§ 462. Administration by Secretary of the Interior; powers and duties enumerated
The Secretary of the Interior (hereinafter in
sections 461 to 467 of this title referred to as the
Secretary), through the National Park Service,
for the purpose of effectuating the policy expressed in section 461 of this title, shall have the
following powers and perform the following duties and functions:
(a) Secure, collate, and preserve drawings,
plans, photographs, and other data of historic
and archaeologic sites, buildings, and objects.
(b) Make a survey of historic and archaeologic
sites, buildings, and objects for the purpose of
determining which possess exceptional value as
commemorating or illustrating the history of
the United States.

§ 463

TITLE 16—CONSERVATION

(c) Make necessary investigations and researches in the United States relating to particular sites, buildings, or objects to obtain true
and accurate historical and archaeological facts
and information concerning the same.
(d) For the purpose of sections 461 to 467 of
this title, acquire in the name of the United
States by gift, purchase, or otherwise any property, personal or real, or any interest or estate
therein, title to any real property to be satisfactory to the Secretary: Provided, That no such
property which is owned by any religious or educational institution, or which is owned or administered for the benefit of the public shall be
so acquired without the consent of the owner:
Provided further, That no such property shall be
acquired or contract or agreement for the acquisition thereof made which will obligate the general fund of the Treasury for the payment of
such property, unless or until Congress has appropriated money which is available for that
purpose.
(e) Contract and make cooperative agreements
with States, municipal subdivisions, corporations, associations, or individuals, with proper
bond where deemed advisable, to protect, preserve, maintain, or operate any historic or archaeologic building, site, object, or property
used in connection therewith for public use, regardless as to whether the title thereto is in the
United States: Provided, That no contract or cooperative agreement shall be made or entered
into which will obligate the general fund of the
Treasury unless or until Congress has appropriated money for such purpose.
(f) Restore, reconstruct, rehabilitate, preserve,
and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and where
deemed desirable establish and maintain museums in connection therewith.
(g) Erect and maintain tablets to mark or
commemorate historic or prehistoric places and
events of national historical or archaeological
significance.
(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired
under the provisions of sections 461 to 467 of this
title together with lands and subordinate buildings for the benefit of the public, such authority
to include the power to 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: Provided, That the Secretary may grant
such concessions, leases, or permits and enter
into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids.
(i) When the Secretary determines that it
would be administratively burdensome to restore, reconstruct, operate, or maintain any particular historic or archaeologic site, building, or
property donated to the United States through
the National Park Service, he may cause the
same to be done by organizing a corporation for
that purpose under the laws of the District of
Columbia or any State.
(j) Develop an educational program and service for the purpose of making available to the

Page 832

public facts and information pertaining to
American historic and archaeologic sites, buildings, and properties of national significance.
Reasonable charges may be made for the dissemination of any such facts or information.
(k) Perform any and all acts, and make such
rules and regulations not inconsistent with sections 461 to 467 of this title as may be necessary
and proper to carry out the provisions thereof.
Any person violating any of the rules and regulations authorized by said sections shall be punished by a fine of not more than $500 and be adjudged to pay all cost of the proceedings.
(Aug. 21, 1935, ch. 593, § 2, 49 Stat. 666; Pub. L.
89–249, § 8, Oct. 9, 1965, 79 Stat. 971.)
AMENDMENTS
1965—Subsec. (h). Pub. L. 89–249 changed proviso to
allow granting concessions, leases, and permits and entering into contracts with responsible persons, firms,
or corporations without advertising and without securing competitive bids.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
FINANCIAL ASSISTANCE FOR MAINTENANCE AND PROTECTION OF FOLGER LIBRARY AND CORCORAN GALLERY OF
ART; LIMITATION ON CONTRACT AUTHORITY
Pub. L. 96–344, § 1, Sept. 8, 1980, 94 Stat. 1133, provided:
‘‘That (a) in furtherance of the purposes of subsection
2(e) of the Act of August 21, 1935 (49 Stat. 666) [subsec.
(e) of this section], the Secretary of the Interior may
provide financial assistance for the maintenance and
protection of the Folger Library and the Corcoran Gallery of Art.
‘‘(b) Authority to enter into contracts or cooperative
agreements, to incur obligations, or to make payments
under this Act [Pub. L. 96–344, Sept. 8, 1980, 94 Stat.
1133] shall be effective only to the extent, and in such
amounts, as are provided in advance in appropriation
Acts.’’

§ 463. National Park System Advisory Board
(a) Establishment; composition; duties
There is hereby established a National Park
System Advisory Board, whose purpose shall be
to advise the Director of the National Park
Service on matters relating to the National
Park Service, the National Park System, and
programs administered by the National Park
Service. The Board shall advise the Director on
matters submitted to the Board by the Director
as well as any other issues identified by the
Board. Members of the Board shall be appointed
on a staggered term basis by the Secretary for a
term not to exceed 4 years and shall serve at the
pleasure of the Secretary. The Board shall be
comprised of no more than 12 persons, appointed
from among citizens of the United States having
a demonstrated commitment to the mission of
the National Park Service. Board members shall
be selected to represent various geographic regions, including each of the administrative regions of the National Park Service. At least 6 of
the members shall have outstanding expertise in
1 or more of the following fields: history, arche-

Page 833

TITLE 16—CONSERVATION

ology, anthropology, historical or landscape architecture, biology, ecology, geology, marine
science, or social science. At least 4 of the members shall have outstanding expertise and prior
experience in the management of national or
State parks or protected areas, or national or
cultural resources management. The remaining
members shall have outstanding expertise in 1
or more of the areas described above or in another professional or scientific discipline, such
as financial management, recreation use management, land use planning or business management, important to the mission of the National
Park Service. At least 1 individual shall be a locally elected official from an area adjacent to a
park. The Board shall hold its first meeting by
no later than 60 days after the date on which all
members of the Advisory Board who are to be
appointed have been appointed. Any vacancy in
the Board shall not affect its powers, but shall
be filled in the same manner in which the original appointment was made. The Board may
adopt such rules as may be necessary to establish its procedures and to govern the manner of
its operations, organization, and personnel. All
members of the Board shall be reimbursed for
travel and per diem in lieu of subsistence expenses during the performance of duties of the
Board while away from home or their regular
place of business, in accordance with subchapter
1 1 of chapter 57 of title 5. With the exception of
travel and per diem as noted above, a member of
the Board who is otherwise an officer or employee of the United States Government shall
serve on the Board without additional compensation. It shall be the duty of such board to
advise the Secretary on matters relating to the
National Park System, to other related areas,
and to the administration of sections 461 to 467
of this title, including but not limited to matters submitted to it for consideration by the
Secretary, but it shall not be required to recommend as to the suitability or desirability of
surplus real and related personal property for
use as an historic monument. Such board shall
also provide recommendations on the designation of national historic landmarks and national
natural landmarks. Such board is strongly encouraged to consult with the major scholarly
and professional organizations in the appropriate disciplines in making such recommendations.
(b) Staff; applicability of Federal law
(1) The Secretary is authorized to hire 2 fulltime staffers to meet the needs of the Advisory
Board.
(2) Service of an individual as a member of the
Board shall not be considered as service or employment bringing such individual within the
provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to
the employment of persons, the performance of
services, or the payment or receipt of compensation in connection with claims, proceedings, or
matters involving the United States. Service as
a member of the Board, or as an employee of the
Board, shall not be considered service in an ap-

pointive or elective position in the Government
for purposes of section 8344 of title 5 or comparable provisions of Federal law.
(c) Authority of Board
(1) Upon request of the Director, the Board is
authorized to—
(A) hold such hearings and sit and act at
such times,
(B) take such testimony,
(C) have such printing and binding done,
(D) enter into such contracts and other arrangements.2
(E) make such expenditures, and
(F) take such other actions, as the Board
may deem advisable. Any member of the
Board may administer oaths or affirmations
to witnesses appearing before the Board.
(2) The Board may establish committees or
subcommittees. Any such subcommittees or
committees shall be chaired by a voting member
of the Board.
(d) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act shall apply to the Board established
under this section with the exception of section
14(b).
(e) Cooperation of Federal agencies; use of mails
(1) The Board is authorized to secure directly
from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each
such officer, department, agency, establishment,
or instrumentality is authorized and directed to
furnish, to the extent permitted by law, such information, suggestions, estimates, and statistics
directly to the Board, upon request made by a
member of the Board.
(2) Upon the request of the Board, the head of
any Federal department, agency, or instrumentality is authorized to make any of the facilities
and services of such department, agency, or instrumentality to 3 the Board, on a nonreimbursable basis, to assist the Board in carrying out its
duties under this section.
(3) The Board may use the United States mails
in the same manner and under the same conditions as other departments and agencies in the
United States.
(f) Termination
The National Park System Advisory Board
shall continue to exist until January 1, 2010. The
provisions of section 14(b) of the Federal Advisory Committee Act (the Act of October 6, 1972;
86 Stat. 776) are hereby waived with respect to
the Board, but in all other respects, it shall be
subject to the provisions of the Federal Advisory Committee Act.
(g) National Park Service Advisory Council
There is hereby established the National Park
Service Advisory Council (hereafter in this section referred to as the ‘‘advisory council’’)
which shall provide advice and counsel to the
National Park System Advisory Board. Member2 So

1 So

in original. Probably should be subchapter ‘‘I’’.

§ 463

3 So

in original. The period probably should be a comma.
in original. Probably should be ‘‘available to’’.

§ 463

TITLE 16—CONSERVATION

ship on the advisory council shall be limited to
those individuals whose term on the advisory
board has expired. Such individuals may serve
as long as they remain active except that not
more than 12 members may serve on the advisory council at any one time. Members of the
advisory council shall not have a vote on the
National Park System Advisory Board. Members
of the advisory council shall receive no salary
but may be paid expenses incidental to travel
when engaged in discharging their duties as
members. Initially, the Secretary shall choose
12 former members of the Advisory Board to
constitute the advisory council. In so doing, the
Secretary shall consider their professional expertise and demonstrated commitment to the
National Park System and to the Advisory
Board.
(Aug. 21, 1935, ch. 593, § 3, 49 Stat. 667; Pub. L.
91–383, § 9, Aug. 18, 1970, as added Pub. L. 94–458,
§ 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L.
95–625, title VI, § 604(2), Nov. 10, 1978, 92 Stat.
3518; Pub. L. 101–628, title XII, §§ 1211, 1212, Nov.
28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I,
title VIII, § 814(f)(1), Nov. 12, 1996, 110 Stat. 4197;
Pub. L. 109–156, § 5, Dec. 30, 2005, 119 Stat. 2948;
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121
Stat. 2107; Pub. L. 111–8, div. E, title I, Mar. 11,
2009, 123 Stat. 710.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (d) and (f), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, as amended, which is set out in the Appendix
to Title 5, Government Organization and Employees.
AMENDMENTS
2009—Subsec. (f). Pub. L. 111–8 substituted ‘‘2010’’ for
‘‘2009’’.
2007—Subsec. (f). Pub. L. 110–161 substituted ‘‘2009’’
for ‘‘2007’’.
2005—Subsec. (f). Pub. L. 109–156 substituted ‘‘2007’’
for ‘‘2006’’.
1996—Subsec. (a). Pub. L. 104–333, § 814(f)(1)(A), substituted provisions relating to establishment of Board,
its purpose, advisory duties, members’ terms, composition, first meeting, vacancies, rules, and members’
compensation for ‘‘A general advisory board to be
known as the National Park System Advisory Board is
hereby established, to be composed of not to exceed sixteen persons, citizens of the United States who have a
demonstrated commitment to the National Park System, to include but not be limited to representatives
competent in the fields of history, archaeology, architecture, anthropology, biology, geology, and related
disciplines, who shall be appointed by the Secretary for
a term not to exceed four years. The Secretary shall
take into consideration nominations for appointees
from public and private, professional, civic, and educational societies, associations, and institutions. The
members of such board shall receive no salary but may
be paid expenses incidental to travel when engaged in
discharging their duties as members.’’
Subsecs. (b) to (e). Pub. L. 104–333, § 814(f)(1)(C), added
subsecs. (b) to (e). Former subsecs. (b) and (c) redesignated (f) and (g), respectively.
Subsec. (f). Pub. L. 104–333, § 814(f)(1)(B), redesignated
former subsec. (b) as (f) and substituted ‘‘2006’’ for
‘‘1995’’.
Subsec. (g). Pub. L. 104–333, § 814(f)(1)(B), redesignated
former subsec. (c) as (g).
1990—Subsec. (a). Pub. L. 101–628, § 1211(1), (2), substituted ‘‘sixteen’’ for ‘‘twelve’’, ‘‘United States who
have a demonstrated commitment to the National Park
System,’’ for ‘‘United States,’’ and ‘‘anthropology, biol-

Page 834

ogy, geology, and related disciplines,’’ for ‘‘and natural
science,’’ and inserted at end ‘‘Such board shall also
provide recommendations on the designation of national historic landmarks and national natural landmarks. Such board is strongly encouraged to consult
with the major scholarly and professional organizations in the appropriate disciplines in making such recommendations.’’
Subsec. (b). Pub. L. 101–628, § 1211(3), (4), substituted
‘‘1995’’ for ‘‘1990’’ and ‘‘The provisions of section 14(b) of
the Federal Advisory Committee Act (the Act of October 6, 1972; 86 Stat. 776) are hereby waived with respect
to the Board, but in’’ for ‘‘In’’.
Subsec. (c). Pub. L. 101–628, § 1212, added subsec. (c).
1978—Subsec. (a). Pub. L. 95–625 increased Board
membership to twelve from eleven.
1976—Pub. L. 91–383, § 9, as added by Pub. L. 94–458, renamed the Advisory Board on National Parks, Historic
Sites, Buildings and Monuments as the National Park
System Advisory Board, substituted natural science for
human geography as a field from which member selection may be made, limited appointment term to four
years rather than at pleasure of Secretary, eliminated
duty of Board to make recommendations concerning
use of surplus property as an historic monument, provided for continuation of Board until Jan. 1, 1990, and
made it subject to the provisions of the Federal Advisory Committee Act.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–156, § 5, Dec. 30, 2005, 119 Stat. 2948, provided that the amendment made by section 5 is effective Jan. 1, 2006.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–333, div. I, title VIII, § 814(f)(3), Nov. 12,
1996, 110 Stat. 4199, provided that: ‘‘This subsection
[amending this section and enacting provisions set out
as a note below] shall take effect on December 7, 1997.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 104–333, div. I, title VIII, § 814(f)(2), Nov. 12,
1996, 110 Stat. 4199, provided that: ‘‘There are authorized to be appropriated to the National Park System
Advisory Board $200,000 per year to carry out the provisions of section 3 of the Act of August 21, 1935 (49 Stat.
667; 16 U.S.C. 463).’’
NEW YORK CITY NATIONAL SHRINES ADVISORY BOARD
Act Aug. 11, 1955, ch. 779, §§ 1, 2, 69 Stat. 632, as amended by Pub. L. 85–658, Aug. 14, 1958, 72 Stat. 613, provided
for the appointment of an advisory board, to be known
as the New York City National Shrines Advisory Board,
to render advice to the Secretary of the Interior and to
further public participation in the rehabilitation, development and the preservation of those historic properties in the New York City area that are of great national significance, identified as the Federal Hall National Memorial, Castle Clinton National Monument,
and the Statue of Liberty National Monument, to conduct a study of these historic properties, and to submit
recommendations concerning their preservation and
administration to the Secretary of the Interior, such
report and recommendations of the Board to be transmitted to the Congress by the Secretary of the Interior,
together with his recommendations thereon, within one
year following the date of the establishment of the
Board, and with the Board to cease to exist when the
Secretary of the Interior found that its purposes had
been accomplished. The Secretary of the Interior was
authorized to accept donations of funds for rehabilitation, development and preservation of the historic
properties including any made upon condition that
such funds are to be expended only if Federal funds in
an amount equal to the donated funds are appropriated
for such purposes.
FEDERAL HALL NATIONAL MEMORIAL
Act Aug. 11, 1955, ch. 779, § 3, 69 Stat. 633, provided
that the Federal Hall Memorial National Historic Site,

Page 835

§ 467a

TITLE 16—CONSERVATION

established pursuant to the Historic Sites Act of August 21, 1935 (49 Stat. 666) [sections 461 to 467 of this
title], should thereafter be known as the ‘‘Federal Hall
National Memorial’’.

§ 464. Cooperation with governmental and private agencies
(a) 1 Authorization
The Secretary, in administering sections 461
to 467 of this title, is authorized to cooperate
with and may seek and accept the assistance of
any Federal, State, or municipal department or
agency, or any educational or scientific institution, or any patriotic association, or any individual.
(b) Advisory committees
When deemed necessary, technical advisory
committees may be established to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or structure.
(c) Employment of assistance
Such professional and technical assistance
may be employed, and such service may be established as may be required to accomplish the
purposes of sections 461 to 467 of this title and
for which money may be appropriated by Congress or made available by gifts for such purpose.
(Aug. 21, 1935, ch. 593, § 4, 49 Stat. 668.)

law, no funds appropriated or otherwise made
available to the Secretary of the Interior to
carry out section 462(e) or 462(f) of this title may
be obligated or expended after October 30, 1992—
(1) unless the appropriation of such 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.
(b) Savings provision
Nothing in this section shall prohibit or limit
the expenditure or obligation of any funds appropriated prior to January 1, 1993.
(c) Authorization of appropriations
Except as provided by subsection (a) of this
section, there is authorized to be appropriated
for carrying out the purposes of sections 461 to
467 of this title such sums as the Congress may
from time to time determine.
(Aug. 21, 1935, ch. 593, § 6, 49 Stat. 668; Pub. L.
102–575, title XL, § 4023, Oct. 30, 1992, 106 Stat.
4768.)
CODIFICATION
October 30, 1992, referred to in subsec. (a), was in the
original ‘‘the date of enactment of this section’’ and
‘‘such date’’, which were translated as meaning the
date of enactment of Pub. L. 102–575 which amended
this section generally, to reflect the probable intent of
Congress.

CODIFICATION

AMENDMENTS

In subsec. (c), provisions that authorized employment
of professional and technical assistance ‘‘without regard to the civil-service laws’’ were omitted as such
employment is subject to the civil service laws unless
specifically excepted by such laws or by laws enacted
subsequent to Executive Order 8743, Apr. 23, 1941, issued
by the President pursuant to the Act of Nov. 26, 1940,
ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil
service. The Order is set out as a note under section
3301 of Title 5, Government Organization and Employees.

1992—Pub. L. 102–575 amended section generally. Prior
to amendment, section read as follows: ‘‘There is authorized to be appropriated for carrying out the purposes of sections 461 to 467 of this title such sums as the
Congress may from time to time determine.’’

TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 465. Jurisdiction of States in acquired lands
Nothing in sections 461 to 467 of this title shall
be held to deprive any State, or political subdivision thereof, of its civil and criminal jurisdiction in and over lands acquired by the United
States under said sections.
(Aug. 21, 1935, ch. 593, § 5, 49 Stat. 668.)
§ 466. Requirement for specific authorization
(a) In general
Except as provided in subsection (b) of this
section, notwithstanding any other provision of
1 Subsection

designation ‘‘(a)’’ supplied.

§ 467. Conflict of laws
The provisions of sections 461 to 467 of this
title shall control if any of them are in conflict
with any other Act or Acts relating to the same
subject matter.
(Aug. 21, 1935, ch. 593, § 7, 49 Stat. 668.)
§ 467a. Repealed. Pub. L. 96–586, § 4(a)(1), (b),
Dec. 23, 1980, 94 Stat. 3386
Section, Pub. L. 92–527, § 1, Oct. 21, 1972, 86 Stat. 1049,
authorized the Secretary of the Interior to accept,
maintain, develop, and administer the Mar-A-Lago National Historic Site described in the order of designation dated Jan. 16, 1969, as part of the national park
system and directed the Secretary to enter into agreements and take such action as deemed necessary to
provide for administration and use of the Mar-A-Lago
National Historic Site as a temporary residence for visiting foreign dignitaries or heads of state or members
of the executive branch of the United States Government, with any further use determined by the Secretary after conferring with the Mar-A-Lago National
Historic Site Advisory Commission.
EFFECTIVE DATE OF REPEAL
For effective date of repeal, see Pub. L. 96–586, § 4,
Dec. 23, 1980, 94 Stat. 3386, set out as a note below.
REPEALS, REDESIGNATIONS, CONVEYANCES, ETC.,
INVOLVING MAR-A-LAGO NATIONAL HISTORIC SITE
Pub. L. 96–586, § 4, Dec. 23, 1980, 94 Stat. 3386, provided
that:
‘‘(a)(1) Effective upon the conveyance or transfer authorized in subsection b, the Act of October 21, 1972, en-

§ 467a–1

TITLE 16—CONSERVATION

titled ‘An Act to provide for the administration of the
Mar-A-Lago National Historic Site, in Palm Beach,
Florida’ [sections 467a and 467a–1 of this title] is repealed.
‘‘(2) The order of designation of the Mar-A-Lago National Historic Site, dated January 16, 1969, is repealed
and the site described therein is hereby designated as
the Mar-A-Lago National Historic Landmark.
‘‘(b) The Secretary of the Interior shall, within one
hundred and twenty days of the date of enactment of
this Act [Dec. 23, 1980], take such measures, consistent
with the terms and conditions of the deed of conveyance from Marjorie M. Post to the United States of
America, dated December 18, 1972, as may be necessary
to transfer the property described in the order of designation of the Mar-A-Lago National Historic Site to
the Majorie [sic] Merriweather Post Foundation of the
District of Columbia (a charitable foundation organized
under the District of Columbia Nonprofit Corporation
Act).
‘‘(c) The Secretary is authorized upon conveyance, to
make appropriate adjustments in the funds available
for the administration and management of the property, including but not limited to, return of unobligated donated funds to the trustees of the Marjorie
Merriweather Post Foundation of the District of Columbia, and reprogram existing appropriations to related functions and activities of the National Park Service.’’

§ 467a–1. Repealed. Pub. L. 96–586, § 4(a)(1), (b),
Dec. 23, 1980, 94 Stat. 3386
Section, Pub. L. 92–527, § 2, Oct. 21, 1972, 86 Stat. 1049,
established the Mar-A-Lago National Historic Site Advisory Commission and provided for its membership,
term of office, designation of a Chairman, filling of vacancies, compensation and expenses, consultations on
general policies and specific matters related to administration of the site, and voting.
EFFECTIVE DATE OF REPEAL
For effective date of repeal, see Pub. L. 96–586, § 4,
Dec. 23, 1980, 94 Stat. 3386, set out as a note under section 467a of this title.

Page 836

President. Each such report shall include pertinent information with respect to the need for
acquisition of lands and interests therein, the
development of facilities, and the operation and
maintenance of the site or structure and the estimated cost thereof. If during the six-month period following the transmittal of a report pursuant to this subsection neither Committee has by
vote of a majority of its members disapproved a
recommendation of the Secretary that a site or
structure is suitable for establishment as a national historic site, the Secretary may thereafter by appropriate order establish the same as
a national historic site, including the lands and
interests therein identified in the report accompanying his recommendation. The Secretary
may acquire the lands and interests therein by
donation, purchase with donated or appropriated
funds, transfer from any other Federal agency,
or exchange, and he shall administer the site in
accordance with sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and sections 461 to 467 of this title, as amended.
(c) Prohibited statutory constructions
Nothing in this section shall be construed as
diminishing the authority of the Secretary
under sections 461 to 467 of this title or as authorizing the Secretary to establish any national memorial, creation of which is hereby expressly reserved to the Congress.
(d) Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of this section.
(Pub. L. 96–199, title I, § 120, Mar. 5, 1980, 94 Stat.
73; Pub. L. 103–437, § 6(d)(26), Nov. 2, 1994, 108
Stat. 4584.)
AMENDMENTS

§ 467b. Survey by Secretary of the Interior of
sites for commemoration of former Presidents of the United States

1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

(a) Authority to conduct survey
The Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized to
conduct a survey of sites which he deems exhibit
qualities most appropriate for the commemoration of each former President of the United
States. The survey may include sites associated
with the deeds, leadership, or lifework of a
former President, and it may identify sites or
structures historically unrelated to a former
President but which may be suitable as a memorial to honor such President.
(b) Preparation and transmittal to Congressional
committees of reports on individual sites and
structures
The Secretary shall, from time to time, prepare and transmit to the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the United States Senate reports on
individual sites and structures identified in the
survey referred to in subsection (a) of this section, together with his recommendation as to
whether such site or structure is suitable for establishment as a national historic site or national memorial to commemorate a former

§ 468. National Trust for Historic Preservation in
the United States; creation; purpose
In order to further the policy enunciated in
sections 461 to 467 of this title, and to facilitate
public participation in the preservation of sites,
buildings, and objects of national significance or
interest, there is created a charitable, educational, and nonprofit corporation, to be
known as the National Trust for Historic Preservation in the United States, hereafter referred
to as the ‘‘National Trust’’. The purposes of the
National Trust shall be to receive donations of
sites, buildings, and objects significant in American history and culture, to preserve and administer them for public benefit, to accept, hold,
and administer gifts of money, securities, or
other property of whatsoever character for the
purpose of carrying out the preservation program, and to execute such other functions as are
vested in it by sections 468 to 468d of this title.
(Oct. 26, 1949, ch. 755, § 1, 63 Stat. 927.)
RESERVATION OF RIGHTS
Act Oct. 26, 1949, ch. 755, § 7, 63 Stat. 929, provided
that: ‘‘The right to repeal, alter or amend this Act [sections 468 to 468d of this title] at any time is hereby ex-

Page 837

TITLE 16—CONSERVATION

pressly reserved, but no contract or individual right
made or acquired shall thereby be divested or impaired.’’

§ 468a. Principal office of National Trust Commission
The National Trust shall have its principal office in the District of Columbia and shall be
deemed, for purposes of venue in civil actions, to
be an inhabitant and resident thereof. The National Trust may establish offices in such other
place or places as it may deem necessary or appropriate in the conduct of its business.
(Oct. 26, 1949, ch. 755, § 2, 63 Stat. 927.)
§ 468b. Administration of National Trust; composition of board of trustees; terms of office;
compensation; expenses
The affairs of the National Trust shall be
under the general direction of a board of trustees composed as follows: The Attorney General
of the United States; the Secretary of the Interior; and the Director of the National Gallery of
Art, ex officio; and not less than six general
trustees who shall be citizens of the United
States, to be chosen as hereinafter provided. The
Attorney General, and the Secretary of the Interior, when it appears desirable in the interest of
the conduct of the business of the board and to
such extent as they deem it advisable, may, by
written notice to the National Trust, designate
any officer of their respective departments to
act for them in the discharge of their duties as
a member of the board of trustees. The number
of general trustees shall be fixed by the Board of
Trustees of the National Trust and shall be chosen by the members of the National Trust from
its members at any regular meeting of said National Trust. The respective terms of office of
the general trustees shall be as prescribed by
said board of trustees but in no case shall exceed
a period of five years from the date of election.
A successor to a general trustee shall be chosen
in the same manner and shall have a term expiring five years from the date of the expiration of
the term for which his predecessor was chosen,
except that a successor chosen to fill a vacancy
occurring prior to the expiration of such term
shall be chosen only for the remainder of that
term. The chairman of the board of trustees
shall be elected by a majority vote of the members of the board. No compensation shall be paid
to the members of the board of trustees for their
services as such members, but they shall be reimbursed for travel and actual expenses necessarily incurred by them in attending board
meetings and performing other official duties on
behalf of the National Trust at the direction of
the board.
(Oct. 26, 1949, ch. 755, § 3, 63 Stat. 928; July 28,
1953, ch. 255, 67 Stat. 228.)
AMENDMENTS
1953—Act July 28, 1953, provided that the general
trustees be elected by members of the trust rather than
by the National Council for Historic Sites and Buildings.

§ 468c. Powers and duties of National Trust
To the extent necessary to enable it to carry
out the functions vested in it by sections 468 to

§ 468c

468d of this title, the National Trust shall have
the following general powers:
(a) To have succession until dissolved by Act
of Congress, in which event title to the properties of the National Trust, both real and personal, shall, insofar as consistent with existing
contractual obligations and subject to all other
legally enforceable claims or demands by or
against the National Trust, pass to and become
vested in the United States of America.
(b) To sue and be sued in its corporate name.
(c) To adopt, alter, and use a corporate seal
which shall be judicially noticed.
(d) To adopt a constitution and to make such
bylaws, rules, and regulations, not inconsistent
with the laws of the United States or of any
State, as it deems necessary for the administration of its functions under sections 468 to 468d of
this title, including among other matter, bylaws, rules, and regulations governing visitation
to historic properties, administration of corporate funds, and the organization and procedure of the board of trustees.
(e) To accept, hold, and administer gifts and
bequests of money, securities, or other personal
property of whatsoever character, absolutely or
on trust, for the purposes for which the National
Trust is created. Unless otherwise restricted by
the terms of the gift or bequest, the National
Trust is authorized to sell, exchange, or otherwise dispose of and to invest or reinvest in such
investments as it may determine from time to
time the moneys, securities, or other property
given or bequeathed to it. The principal of such
corporate funds, together with the income
therefrom and all other revenues received by it
from any source whatsoever, shall be placed in
such depositories as the National Trust shall determine and shall be subject to expenditure by
the National Trust for its corporate purposes.
(f) To acquire by gift, devise, purchase, or
otherwise, absolutely or on trust, and to hold
and, unless otherwise restricted by the terms of
the gift or devise, to encumber, convey, or
otherwise dispose of, any real property, or any
estate or interest therein (except property within the exterior boundaries of national parks and
national monuments), as may be necessary and
proper in carrying into effect the purposes of the
National Trust.
(g) To contract and make cooperative agreements with Federal, State, or municipal departments or agencies, corporations, associations, or
individuals, under such terms and conditions as
it deems advisable, respecting the protection,
preservation, maintenance, or operation of any
historic site, building, object, or property used
in connection therewith for public use, regardless of whether the National Trust has acquired
title to such properties, or any interest therein.
(h) To enter into contracts generally and to
execute all instruments necessary or appropriate to carry out its corporate purposes, which
instruments shall include such concession contracts, leases, or permits for the use of lands,
buildings, or other property deemed desirable either to accommodate the public or to facilitate
administration.
(i) To appoint and prescribe the duties of such
officers, agents, and employees as may be necessary to carry out its functions, and to fix and

§ 468d

TITLE 16—CONSERVATION

pay such compensation to them for their services as the National Trust may determine.
(j) And generally to do any and all lawful acts
necessary or appropriate to carry out the purposes for which the National Trust is created.
(Oct. 26, 1949, ch. 755, § 4, 63 Stat. 928.)
§ 468d. Consultation with Advisory Board on National Parks, Historic Sites, Buildings, and
Monuments
In carrying out its functions under sections
468 to 468d of this title, the National Trust is authorized to consult with the Advisory Board on
National Parks, Historic Sites, Buildings, and
Monuments, on matters relating to the selection
of sites, buildings, and objects to be preserved
and protected pursuant hereto.
(Oct. 26, 1949, ch. 755, § 5, 63 Stat. 929.)
CHANGE OF NAME
The Advisory Board on National Parks, Historic
Sites, Buildings, and Monuments was renamed the National Park System Advisory Board by Pub. L. 91–383,
§ 9, as added by Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat.
1940. See section 463 of this title.

§ 468e. Repealed. Pub. L. 86–533, § 1(19), June 29,
1960, 74 Stat. 248
Section, act Oct. 26, 1949, ch. 755, § 6, 63 Stat. 929, required the National Trust to report to the Congress its
proceedings and activities.

§ 469. Preservation of historical and archeological data threatened by dam construction or
alterations of terrain
It is the purpose of sections 469 to 469c–1 of
this title to further the policy set forth in sections 461 to 467 of this title, by specifically providing for the preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost
or destroyed as the result of (1) flooding, the
building of access roads, the erection of workmen’s communities, the relocation of railroads
and highways, and other alterations of the terrain caused by the construction of a dam by any
agency of the United States, or by any private
person or corporation holding a license issued by
any such agency or (2) any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program.
(Pub. L. 86–523, § 1, June 27, 1960, 74 Stat. 220;
Pub. L. 93–291, § 1(1), May 24, 1974, 88 Stat. 174.)
AMENDMENTS
1974—Pub. L. 93–291 designated existing provisions as
cl. (1) and added cl. (2).

§ 469a. Notice of dam construction to be given
Secretary of the Interior by United States
agencies
Before any agency of the United States shall
undertake the construction of a dam, or issue a
license to any private individual or corporation
for the construction of a dam, it shall give written notice to the Secretary of the Interior (hereafter referred to as the Secretary) setting forth
the site of the proposed dam and the approxi-

Page 838

mate area to be flooded and otherwise changed
if such construction is undertaken: Provided,
That with respect to any flood water retarding
dam which provides less than five thousand
acre-feet of detention capacity and with respect
to any other type of dam which creates a reservoir of less than forty surface acres the provisions of this section shall apply only when the
constructing agency, in its preliminary surveys,
finds, or is presented with evidence that historical or archeological materials exist or may be
present in the proposed reservoir area.
(Pub. L. 86–523, § 2, formerly § 2(a), June 27, 1960,
74 Stat. 220, renumbered and amended Pub. L.
93–291, § 1(2), (5), May 24, 1974, 88 Stat. 174, 175.)
AMENDMENTS
1974—Pub. L. 93–291 struck out designation ‘‘(a)’’ before and, in the resulting unlettered provisions, inserted ‘‘(hereafter referred to as the Secretary)’’ after
‘‘Secretary of the Interior’’. Subsecs. (b) to (e) were disposed of as follows: subsec. (b) was transferred and
amended, and as so transferred and amended, is set out
as sections 469a–1 and 469a–2 of this title, subsecs. (c)
and (e) were redesignated as subsecs. (a) and (b), respectively, of section 469a–3 of this title, and subsec. (d) was
struck out.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with system activities requiring coordination and approval under sections 469 to 469c of this title and such
functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related
to compliance with sections 469 to 469c of this title
with respect to pre-construction, construction, and initial operation of transportation system for Canadian
and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date
of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e),
(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy
by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade. Functions and
authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title
15.

§ 469a–1. Threat of irreparable loss or destruction of significant scientific, prehistorical,
historical, or archeological data by Federal
construction projects; notice to Secretary of
the Interior; survey; recovery, preservation,
and protection of data
(a) Notification and request for preservation of
data
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

Page 839

§ 469a–3

TITLE 16—CONSERVATION

notify the Secretary, in writing, and shall provide the Secretary with appropriate information
concerning 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) Survey of site; preservation of data; compensation
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 preservation 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.
(Pub. L. 86–523, § 3, as added Pub. L. 93–291, § 1(3),
May 24, 1974, 88 Stat. 174.)
PRIOR PROVISIONS
A prior section 3 of Pub. L. 86–523 was renumbered
section 6 and is classified to section 469b of this title.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and
subsequent transfer to Secretary of Energy, then to
Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of
this title.

§ 469a–2. Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land
(a) Survey conducted; preservation of data
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 may be irrevocably lost or destroyed
and after reasonable notice to the agency responsible for funding or licensing such project,

activity, or program, conduct or cause to be
conducted a survey and other investigation of
the areas which are or may be affected and recover and preserve such data (including analysis
and publication) which, in his opinion, are not
being, but should be, recovered and preserved in
the public interest.
(b) Emergency projects
No survey or recovery work shall be required
pursuant to this section which, in the determination of the head of the responsible agency,
would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects
or activities undertaken in anticipation of, or as
a result of, a natural disaster.
(c) Initiation of survey
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) Compensation by Secretary
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.
(Pub. L. 86–523, § 4, as added Pub. L. 93–291, § 1(3),
May 24, 1974, 88 Stat. 174.)
PRIOR PROVISIONS
A prior section 4 of Pub. L. 86–523 was renumbered
section 7 and is classified to section 469c of this title.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and
subsequent transfer to Secretary of Energy, then to
Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of
this title.

§ 469a–3. Progress reports by Secretary of the Interior on surveys and work undertaken as
result of surveys; disposition of relics and
specimens recovered; coordination of survey
and recovery activities; annual report
(a) Progress reports to funding or licensing
agency
The Secretary shall keep the agency responsible for funding or licensing the project notified
at all times of the progress of any survey made
under sections 469 to 469c of this title or of any
work undertaken as a result of such survey, in
order that there will be as little disruption or
delay as possible in the carrying out of the functions of such 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.
(b) Disposition of relics and specimens
The Secretary shall consult with any interested Federal and State agencies, educational

§ 469b

TITLE 16—CONSERVATION

and scientific organizations, and private institutions and qualified individuals, with a view to
determining the ownership of and the most appropriate repository for any relics and specimens recovered as a result of any work performed as provided for in this section.
(c) Coordination of activities; annual report
The Secretary shall coordinate all Federal
survey and recovery activities authorized under
sections 469 to 469c–1 of this title.
(Pub. L. 86–523, § 5, formerly § 2(c), (e), June 27,
1960, 74 Stat. 220, renumbered and amended Pub.
L. 93–291, § 1(4), (6), (7), May 24, 1974, 88 Stat. 175;
Pub. L. 96–205, title VI, § 608(b)(1), Mar. 12, 1980,
94 Stat. 92; Pub. L. 103–437, § 6(d)(27), Nov. 2, 1994,
108 Stat. 4584; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(2)(B), Nov. 12, 1996, 110 Stat. 4196.)

Page 840

vate person or corporation or transferred to
him by any Federal agency.
(Pub. L. 86–523, § 6, formerly § 3, June 27, 1960, 74
Stat. 221, renumbered and amended Pub. L.
93–291, § 1(8), May 24, 1974, 88 Stat. 175.)
AMENDMENTS
1974—Par. (2). Pub. L. 93–291 substituted ‘‘obtain the
services of experts and consultants or organizations
thereof in accordance with section 3109 of title 5’’ for
‘‘procure the temporary or intermittent services of experts or consultants or organizations thereof as provided in section 55a of title 5’’.
Par. (3). Pub. L. 93–291 substituted ‘‘or corporation or
transferred to him by any Federal agency’’ for ‘‘or corporations holding a license issued by an agency of the
United States for the construction of a dam or other
type of water or power control project’’.

AMENDMENTS

TRANSFER OF FUNCTIONS

1996—Subsec. (c). Pub. L. 104–333 inserted period after
‘‘469c–1 of this title’’ and struck out at end ‘‘and shall
submit an annual report at the end of each fiscal year
to the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural
Resources of the Senate indicating the scope and effectiveness of the program, the specific projects surveyed
and the results produced, and the costs incurred by the
Federal Government as a result thereof.’’
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1980—Subsec. (c). Pub. L. 96–205 substituted references
to the House Committee on Interior and Insular Affairs
and Senate Committee on Energy and Natural Resources, for reference to Interior and Insular Affairs
Committees of the Congress.
1974—Subsec. (a). Pub. L. 93–291, § 1(4), (6), redesignated subsec. (c) of section 469a of this title as subsec.
(a) of this section and substituted ‘‘agency responsible
for funding or licensing the project’’ for ‘‘instigating
agency’’ and ‘‘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’’ for ‘‘agency’’.
Subsec. (b). Pub. L. 93–291, § 1(6), redesignated subsec.
(e) of section 469a of this title as subsec. (b) of this section.
Subsec. (c). Pub. L. 93–291, § 1(7), added subsec. (c).

For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and
subsequent transfer to Secretary of Energy, then to
Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of
this title.

TRANSFER OF FUNCTIONS

§ 469c. Assistance to Secretary of the Interior by
Federal agencies responsible for construction projects; authorization of appropriations
(a) Assistance of Federal agencies
To carry out the purposes of sections 469 to
469c–1 of this title, 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 appropriated 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.

§ 469b. Administration; contracts or agreements;
services of experts, consultants, or organizations; acceptance of funds

(b) Authorization of appropriations for preservation of data
For the purposes of section 469a–1(b) of this
title, there are authorized to 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; $1,500,000 in fiscal
year 1978; $500,000 in fiscal year 1979; $1,000,000 in
fiscal year 1980; $1,500,000 in fiscal year 1981;
$1,500,000 in fiscal year 1982; and $1,500,000 in fiscal year 1983.

In the administration of sections 469 to 469c–1
of this title, the Secretary may—
(1) enter into contracts or make cooperative
agreements with any Federal or State agency,
any educational or scientific organization, or
any institution, corporation, association, or
qualified individual; and
(2) obtain the services of experts and consultants or organizations thereof in accordance with section 3109 of title 5; and
(3) accept and utilize funds made available
for salvage archeological purposes by any pri-

(c) Authorization of appropriations for surveys
and investigations
For the purposes of section 469a–2(a) of this
title, 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; $3,000,000
in fiscal year 1978; $3,000,000 in fiscal year 1979;
$3,000,000 in fiscal year 1980; $3,500,000 in fiscal
year 1981; $3,500,000 in fiscal year 1982; and
$4,000,000 in fiscal year 1983.

For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and
subsequent transfer to Secretary of Energy, then to
Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of
this title.

Page 841

§ 469e

TITLE 16—CONSERVATION

(d) Availability of appropriations
Beginning fiscal year 1979, sums appropriated
for purposes of this section shall remain available until expended.
(Pub. L. 86–523, § 7, formerly § 4, June 27, 1960, 74
Stat. 221, renumbered and amended Pub. L.
93–291, § 1(9), May 24, 1974, 88 Stat. 175; Pub. L.
95–625, title VI, § 603, Nov. 10, 1978, 92 Stat. 3518.)
AMENDMENTS
1978—Subsec. (b). Pub. L. 95–625, § 603(a), (b), authorized appropriation of $500,000 for fiscal year 1979,
$1,000,000 for fiscal year 1980, and $1,500,000 for fiscal
years 1981 through 1983.
Subsec. (c). Pub. L. 95–625, § 603(a), (c), authorized appropriation of $3,000,000 for fiscal years 1979, and 1980,
$3,500,000 for fiscal years 1981, and 1982, and $4,000,000 for
fiscal year 1983.
Subsec. (d). Pub. L. 95–625, § 603(a), (d), added subsec.
(d).
1974—Subsec. (a). Pub. L. 93–291 added subsec. (a).
Subsecs. (b), (c). Pub. L. 93–291 designated existing
unlettered provisions as subsecs. (b) and (c), and in subsecs. (b) and (c) as so designated substituted provisions
making separate authorizations of appropriations for
purposes of sections 469a–1(b) and 469a–2(a) of this title
and covering fiscal years 1974, 1975, 1976, 1977, and 1978
for provisions making a general authorization of appropriations of whatever sums as might be necessary to
carry out the purposes of sections 469 to 469c of this
title.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and
subsequent transfer to Secretary of Energy, then to
Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of
this title.

§ 469c–1. ‘‘State’’ defined
As used in sections 469 to 469c–1 of this title,
the term ‘‘State’’ includes the several States of
the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Trust Territory of
the Pacific Islands, and the Commonwealth of
the Northern Mariana Islands.
(Pub. L. 86–523, § 8, as added Pub. L. 96–205, title
VI, § 608(b)(2), Mar. 12, 1980, 94 Stat. 92.)
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 469c–2. Costs for identification, surveys, evaluation and data recovery with respect to historic properties
Notwithstanding section 469c(a) of this title,
or any other provision of law to the contrary—
(1) identification, surveys, and evaluation
carried out with respect to historic properties
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 properties within
project areas may be charged to Federal licensees and permittees as a condition to the
issuance of such license or permit; and
(3) Federal agencies, with the concurrence of
the Secretary and after notification of the
Committee on Natural Resources of the
United States House of Representatives and
the Committee on Energy and Natural Resources of the United States Senate, are authorized to waive, in appropriate cases, the 1
per centum limitation contained in section
469c(a) of this title.
(Pub. L. 96–515, title II, § 208, Dec. 12, 1980, 94
Stat. 2997; Pub. L. 103–437, § 6(d)(28), Nov. 2, 1994,
108 Stat. 4584.)
AMENDMENTS
1994—Par. (3). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 469d. Ice Age National Scientific Reserve; statement of purpose
It is the purpose of sections 469d to 469i of this
title to assure protection, preservation, and interpretation of the nationally significant values
of Wisconsin continental glaciation, including
moraines, eskers, kames, kettleholes, drumlins,
swamps, lakes, and other reminders of the ice
age.
(Pub. L. 88–655, § 1, Oct. 13, 1964, 78 Stat. 1087.)
§ 469e. Plan for continental glaciation
(a) Federal funds
To implement the purpose of sections 469d to
469i of this title, the Secretary of the Interior
(hereinafter called the ‘‘Secretary’’), in cooperation with State and local governmental authorities of Wisconsin, may formulate within two
years after October 13, 1964, a comprehensive
plan for the protection, preservation, and interpretation of outstanding examples of continental glaciation in Wisconsin; but he shall not
spend more than $50,000 of Federal funds thereon.
(b) Copies to Congress; establishment; boundaries
When the comprehensive plan is completed
and the Secretary is satisfied that State legislation exists for the preservation of the nationally
significant features of the reserve, open to the
people of the entire Nation, he shall transmit
copies thereof to the President of the Senate
and the Speaker of the House of Representatives
and may, ninety days thereafter and after consulting with the Governor of the State of Wisconsin, publish notice in the Federal Register of
the establishment of the Ice Age National Scientific Reserve and of the boundaries thereof,
which boundaries shall comprise lands owned or
to be acquired by the State and local governments of Wisconsin in the following areas:
(1) Eastern area (portions of the northern unit
of the Kettle Moraine State Forest and
Campbellsport drumlin area);
(2) Central area (portions of Devil’s Lake
State Park);
(3) Northwestern area (portions of Chippewa
County);

§ 469f

TITLE 16—CONSERVATION

(4) Related areas (other areas in the State of
Wisconsin which the Secretary and the Governor of Wisconsin agree upon as significant examples of continental glaciation).
(c) Inclusion and exclusion of other areas
Any area outside of the national forests that
the Secretary and the Governor of Wisconsin
agree has significant examples of continental
glaciation but is not described in the original
notice may be included in the reserve by the
Secretary after notice to the President of the
Senate and the Speaker of the House of Representatives and publication in the Federal Register, as hereinbefore provided, and any area
that they consider to be no longer desirable as a
part of the reserve may be excluded from it by
the Secretary in the same manner.
(Pub. L. 88–655, § 2, Oct. 13, 1964, 78 Stat. 1087.)
§ 469f. Repealed. Pub. L. 91–483, § 1(1), Oct. 21,
1970, 84 Stat. 1083
Section, Pub. L. 88–655, § 3, Oct. 13, 1964, 78 Stat. 1087,
provided for grant of financial assistance to State of
Wisconsin of up to $750,000 for acquisition of lands and
interests in lands, subject to terms and conditions prescribed by Secretary.

§ 469g. Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services
The comprehensive plan presented by the Secretary to the President of the Senate and the
Speaker of the House of Representatives may include such recommendations, if any, as he and
the Governor of the State of Wisconsin may
wish to make with respect to Federal and State
participation in the financing of appropriate interpretive and other public facilities and services within the reserve including facilities and
services to be furnished by such private organizations as the Ice Age Park and Trail Foundation, a nonprofit corporation.
(Pub. L. 88–655, § 4, Oct. 13, 1964, 78 Stat. 1087;
Pub. L. 91–483, § 1(2), Oct. 21, 1970, 84 Stat. 1083.)
AMENDMENTS
1970—Pub. L. 91–483 removed restriction that the Secretary make no commitment with respect to financing
of facilities and services within the reserve and that no
Federal appropriations be available for such purpose.

§ 469h. Comprehensive plan for Reserve Development
(a) Technical assistance
The Secretary is authorized to provide technical assistance to the State of Wisconsin for
planning and development of the reserve in accordance with the comprehensive plan.
(b) Additional grants
In addition to grants made pursuant to the
Land and Water Conservation Fund Act of 1965
[16 U.S.C. 460l–4 et seq.], the Secretary is authorized to make grants of not to exceed 25 per centum of the actual cost of each development
project within the reserve in accordance with
the comprehensive plan: Provided, That the maximum amount of such grants for all projects
shall not exceed $2,500,000.

Page 842

(c) Costs of maintenance
The Secretary, pursuant to an agreement with
the State of Wisconsin, may pay up to 50 per
centum of the annual cost of management, protection, maintenance, and rehabilitation of the
reserve.
(d) Termination of Federal contributions
Whenever the Secretary determines that appropriate management and protection set down
in the comprehensive plan are not being afforded
the nationally significant values within the reserve or that funds are not being provided on the
prescribed matching basis by the State of Wisconsin or other non-Federal sources, he may terminate contributions under sections 469d to 469i
of this title.
(Pub. L. 88–655, § 5, Oct. 13, 1964, 78 Stat. 1088;
Pub. L. 91–483, § 1(3), Oct. 21, 1970, 84 Stat. 1083;
Pub. L. 96–199, title I, § 109, Mar. 5, 1980, 94 Stat.
69.)
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (b), is Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally
to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–4 of this title and Tables.
AMENDMENTS
1980—Subsec. (b). Pub. L. 96–199 substituted
‘‘$2,500,000’’ for ‘‘$425,000’’.
1970—Pub. L. 91–483 substituted provisions authorizing the Secretary to provide technical assistance and
financial grants in addition to those under the Land
and Water Conservation Fund Act of 1965, not exceeding 25 percent of the actual cost of each development
project and up to a maximum of $425,000 and to share
equally the annual costs of management, protection,
maintenance and rehabilitation of the reserve for provisions for part recovery of the funds granted in case of
conversion, and use or disposal contrary to the purposes of the establishment of the Ice Age National Scientific Reserve, and reenacted provisions for the termination of the grants.

§ 469i. Repealed. Pub. L. 91–483, § 1(4), Oct. 21,
1970, 84 Stat. 1083
Section, Pub. L. 88–655, § 6, Oct. 13, 1964, 78 Stat. 1088,
authorized appropriations of up to $800,000 for carrying
out provisions of sections 469d to 469i of this title.

§ 469j. Commission for the Preservation of America’s Heritage Abroad
(a) Purpose
Because the fabric of a society is strengthened
by visible reminders of the historical roots of
the society, it is in the national interest of the
United States to encourage the preservation and
protection of the cemeteries, monuments, and
historic buildings associated with the foreign
heritage of United States citizens.
(b) Establishment
There is established a commission to be
known as the Commission for the Preservation
of America’s Heritage Abroad (hereafter in this
section referred to as the ‘‘Commission’’).
(c) Duties
The Commission shall—

Page 843

§ 469j

TITLE 16—CONSERVATION

(1) identify and publish a list of those cemeteries, monuments, and historic buildings located abroad which are associated with the
foreign heritage of United States citizens from
eastern and central Europe, particularly those
cemeteries, monuments, and buildings which
are in danger of deterioration or destruction;
(2) encourage the preservation and protection of such cemeteries, monuments, and historic buildings by obtaining, in cooperation
with the Department of State, assurances
from foreign governments that the cemeteries,
monuments, and buildings will be preserved
and protected; and
(3) prepare and disseminate reports on the
condition of and the progress toward preserving and protecting such cemeteries, monuments, and historic buildings.
(d) Membership
(1) The Commission shall consist of 21 members appointed by the President, 7 of whom shall
be appointed after consultation with the Speaker of the House of Representatives and 7 of
whom shall be appointed after consultation with
the President pro tempore of the Senate.
(2)(A) Except as provided in subparagraphs (B)
and (C), members of the Commission shall be appointed for terms of 3 years.
(B) Of the members first appointed after consultation with the Speaker of the House of Representatives, 5 shall be appointed for a term of
2 years. Of the members first appointed after
consultation with the President pro tempore of
the Senate, 5 shall be appointed for 2 years.
(C) A member appointed to fill a vacancy on
the Commission shall serve for the remainder of
the term for which the member’s predecessor
was appointed.
(D) A member may retain membership on the
Commission until the member’s successor has
been appointed.
(3) The President shall designate the Chairman of the Commission from among its members.
(e) Meetings
The Commission shall meet at least once
every six months.
(f) Compensation and per diem
(1) Members of the Commission shall receive
no pay on account of their service on the Commission.
(2) While away from their homes or regular
places of business in the performance of services
for the Commission, members of the Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed intermittently in the
Government service are allowed expenses under
section 5703 of title 5.
(g) Authorities
(1) The Commission or any member it authorizes may, for the purposes of carrying out this
section, hold such hearings, sit and act at such
times and places, request such attendance, take
such testimony, and receive such evidence, as
the Commission considers appropriate.
(2) The Commission may appoint such personnel (subject to the provisions of title 5 which

govern appointments in the competitive service)
and may fix the pay of such personnel (subject
to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, relating to classification and General Schedule pay rates) as the
Commission deems desirable.
(3) The Commission may procure temporary
and intermittent services to the same extent as
is authorized by section 3109(b) of title 5, but at
rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic
pay then in effect for grade GS–18 of the General
Schedule (5 U.S.C. 5332(a)).
(4) Upon request of the Commission, the head
of any Federal department or agency, including
the Secretary of State, may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist
it in carrying out its duties under this section.
(5) The Commission may secure directly from
any department or agency of the United States,
including the Department of State, any information necessary to enable it to carry out this section. Upon the request of the Chairman of the
Commission, the head of such department or
agency shall furnish such information to the
Commission.
(6) The Commission may accept, use, and dispose of gifts or donations of money or property.
(7) The Commission may use the United States
mails in the same manner and upon the same
conditions as other departments and agencies of
the United States.
(8) The Administrator of General Services
shall provide to the Commission on a reimbursable basis such administrative support services
as the Commission may request.
(h) Reports
The Commission shall transmit an annual report to the President and to each House of Congress as soon as practicable after the end of each
fiscal year. Each report shall include a detailed
statement of the activities and accomplishments of the Commission during the preceding
fiscal year and any recommendations by the
Commission for legislation and administrative
actions.
(Pub. L. 99–83, title XIII, § 1303, Aug. 8, 1985, 99
Stat. 280; Pub. L. 105–277, div. A, § 101(b) [title VI,
§ 620], Oct. 21, 1998, 112 Stat. 2681–50, 2681–115.)
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (g)(2), is
set out under section 5332 of Title 5.
AMENDMENTS
1998—Subsec. (e). Pub. L. 105–277 substituted ‘‘six’’ for
‘‘three’’.
EFFECTIVE DATE
Section effective Oct. 1, 1985, see section 1301 of Pub.
L. 99–83, set out as an Effective Date of 1985 Amendment note under section 2151–1 of Title 22, Foreign Relations and Intercourse.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (h) of this section relating to transmittal of
annual report to Congress, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 157 of House
Document No. 103–7.

§ 469k

TITLE 16—CONSERVATION

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 469k. Repealed. Pub. L. 104–333, div. I, title VI,
§ 604(e)(1), Nov. 12, 1996, 110 Stat. 4173; Pub.
L. 107–359, § 3(4)(A), Dec. 17, 2002, 116 Stat.
3016
Section, Pub. L. 104–333, div. I, title VI, § 604, Nov. 12,
1996, 110 Stat. 4173; Pub. L. 107–359, § 3, Dec. 17, 2002, 116
Stat. 3016, known as the American Battlefield Protection Act of 1996, established the American Battlefield
Protection Program. See section 469k–1 of this title.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–359, § 1, Dec. 17, 2002, 116 Stat. 3016, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section],
may be cited as the ‘Civil War Battlefield Preservation
Act of 2002’.’’

§ 469k–1. American Battlefield Protection Program
(a) Purpose
The purpose of this section 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.
(b) Preservation assistance
(1) In general
Using the established national historic preservation program to the extent practicable,
the Secretary of the Interior, acting through
the American Battlefield Protection Program,
shall encourage, support, assist, recognize, and
work in partnership with citizens, Federal,
State, local, and tribal governments, other
public entities, educational institutions, and
private nonprofit organizations in identifying,
researching, evaluating, interpreting, and protecting historic battlefields and associated
sites on a National, State, and local level.
(2) Financial assistance
To carry out paragraph (1), the Secretary
may use a cooperative agreement, grant, contract, or other generally adopted means of
providing financial assistance.
(3) Authorization of appropriations
There are authorized to be appropriated
$3,000,000 annually to carry out this subsection, to remain available until expended.
(c) Battlefield acquisition grant program
(1) Definitions
In this subsection:
(A) Battlefield Report
The term ‘‘Battlefield Report’’ means the
document entitled ‘‘Report on the Nation’s

Page 844

Civil War Battlefields’’, prepared by the
Civil War Sites Advisory Commission, and
dated July 1993.
(B) Eligible entity
The term ‘‘eligible entity’’ means a State
or local government.
(C) Eligible site
The term ‘‘eligible site’’ means a site—
(i) that is not within the exterior boundaries of a unit of the National Park System; and
(ii) that is identified in the Battlefield
Report.
(D) Secretary
The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the
American Battlefield Protection Program.
(2) Establishment
The Secretary shall establish a battlefield
acquisition grant program under which the
Secretary may provide grants to eligible entities to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites.
(3) Nonprofit partners
An eligible entity may acquire an interest in
an eligible site using a grant under this subsection in partnership with a nonprofit organization.
(4) Non-Federal share
The non-Federal share of the total cost of
acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
(5) Limitation on land use
An interest in an eligible site acquired under
this subsection shall be subject to section
460l–8(f)(3) of this title.
(6) Authorization of appropriations
There is authorized to be appropriated to the
Secretary to provide grants under this subsection $10,000,000 for each of fiscal years 2009
through 2013.
(Pub. L. 111–11, title VII, § 7301, Mar. 30, 2009, 123
Stat. 1213.)
§ 469l. Findings and purposes
(a) Findings
The Congress finds the following:
(1) The Underground Railroad, which flourished from the end of the 18th century to the
end of the Civil War, was one of the most significant expressions of the American civil
rights movement during its evolution over
more than three centuries.
(2) The Underground Railroad bridged the divides of race, religion, sectional differences,
and nationality; spanned State lines and international borders; and joined the American
ideals of liberty and freedom expressed in the
Declaration of Independence and the Constitution to the extraordinary actions of ordinary
men and women working in common purpose
to free a people.
(3) Pursuant to title VI of Public Law 101–628
(16 U.S.C. 1a–5 note; 104 Stat. 4495), the Under-

Page 845

§ 469l–1

TITLE 16—CONSERVATION

ground Railroad Advisory Committee conducted a study of the appropriate means of establishing an enduring national commemorative Underground Railroad program of education, example, reflection, and reconciliation.
(4) The Underground Railroad Advisory
Committee found that—
(A) although a few elements of the Underground Railroad story are represented in existing National Park Service units and other
sites, many sites are in imminent danger of
being lost or destroyed, and many important
resource types are not adequately represented and protected;
(B) there are many important sites which
have high potential for preservation and visitor use in 29 States, the District of Columbia, and the Virgin Islands;
(C) no single site or route completely reflects and characterizes the Underground
Railroad, since its story and associated resources involve networks and regions of the
country rather than individual sites and
trails; and
(D) establishment of a variety of partnerships between the Federal Government and
other levels of government and the private
sector would be most appropriate for the
protection and interpretation of the Underground Railroad.
(5) The National Park Service can play a
vital role in facilitating the national commemoration of the Underground Railroad.
(6) The story and significance of the Underground Railroad can best engage the American
people through a national program of the National Park Service that links historic buildings, structures, and sites; routes, geographic
areas, and corridors; interpretive centers, museums, and institutions; and programs, activities, community projects, exhibits, and multimedia materials, in a manner that is both unified and flexible.
(b) Purposes
The purposes of sections 469l to 469l–2 of this
title are the following:
(1) To recognize the importance of the Underground Railroad, the sacrifices made by
those who used the Underground Railroad in
search of freedom from tyranny and oppression, and the sacrifices made by the people
who helped them.
(2) To authorize the National Park Service
to coordinate and facilitate Federal and nonFederal activities to commemorate, honor,
and interpret the history of the Underground
Railroad, its significance as a crucial element
in the evolution of the national civil rights
movement, and its relevance in fostering the
spirit of racial harmony and national reconciliation.
(Pub. L. 105–203, § 2, July 21, 1998, 112 Stat. 678.)
§ 469l–1. National Underground Railroad Network to Freedom program
(a) In general
The Secretary of the Interior (in sections 469l
to 469l–3 of this title referred to as the ‘‘Sec-

retary’’) shall establish in the National Park
Service a program to be known as the ‘‘National
Underground Railroad Network to Freedom’’ (in
sections 469l to 469l–3 of this title referred to as
the ‘‘national network’’). Under the program,
the Secretary shall—
(1) produce and disseminate appropriate educational materials, such as handbooks, maps,
interpretive guides, or electronic information;
(2) enter into appropriate cooperative agreements and memoranda of understanding to
provide technical assistance under subsection
(c) of this section; and
(3) create and adopt an official, uniform
symbol or device for the national network and
issue regulations for its use.
(b) Elements
The national network shall encompass the following elements:
(1) All units and programs of the National
Park Service determined by the Secretary to
pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately
owned properties pertaining to the Underground Railroad that have a verifiable connection to the Underground Railroad and that are
included on, or determined by the Secretary to
be eligible for inclusion on, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that
are directly related to the Underground Railroad.
(c) Cooperative agreements and memoranda of
understanding
To achieve the purposes of sections 469l to
469l–3 of this title and to ensure effective coordination of the Federal and non-Federal elements
of the national network referred to in subsection (b) of this section with National Park
Service units and programs, the Secretary may
enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to—
(1) the heads of other Federal agencies,
States, localities, regional governmental bodies, and private entities; and
(2) in cooperation with the Secretary of
State, the governments of Canada, Mexico,
and any appropriate country in the Caribbean.
(Pub. L. 105–203, § 3, July 21, 1998, 112 Stat. 679;
Pub. L. 110–229, title III, § 361(a)(1), May 8, 2008,
122 Stat. 801.)
AMENDMENTS
2008—Subsec. (d). Pub. L. 110–229 struck out subsec.
(d) which authorized appropriations for sections 469l to
469l–2 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–229, title III, § 361(b), May 8, 2008, 122 Stat.
802, provided that: ‘‘The amendments made by subsection (a) [enacting section 469l–3 of this title and
amending this section and section 469l–2 of this title]
shall take effect at the beginning of the fiscal year immediately following the date of the enactment of this
Act [May 8, 2008].’’

§ 469l–2

TITLE 16—CONSERVATION

§ 469l–2. Preservation of historic sites or structures
(a) Authority to make grants
The Secretary of the Interior may make
grants in accordance with this section for the
preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and
documentation to sites, programs, or facilities
that have been included in the national network.
(b) Grant conditions
Any grant made under this section shall provide that—
(1) no change or alteration may be made in
property for which the grant is used except
with the agreement of the property owner and
the Secretary;
(2) the Secretary shall have the right of access at reasonable times to the public portions
of such property for interpretive and other
purposes; and
(3) conversion, use, or disposal of such property for purposes contrary to the purposes of
sections 469l to 469l–3 of this title, as determined by the Secretary, shall result in a right
of the United States to compensation equal to
all Federal funds made available to the grantee under sections 469l to 469l–3 of this title.
(c) Matching requirement
The Secretary may obligate funds made available for a grant under this section only if the
grantee agrees to match, from funds derived
from non-Federal sources, the amount of the
grant with an amount that is equal to or greater
than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the Secretary determines
that an extreme emergency exists or that such
a waiver is in the public interest to assure the
preservation of historically significant resources.
(Pub. L. 105–203, § 4, as added Pub. L. 106–291,
title I, § 150(h), Oct. 11, 2000, 114 Stat. 959; amended Pub. L. 110–229, title III, § 361(a)(2), May 8,
2008, 122 Stat. 801.)

tive center, including museum, educational, and research facilities, all dedicated to communicating to
the public the importance of the quest for human
freedom which provided the foundation for the historic and inspiring story of the Underground Railroad;
‘‘(C) the city of Cincinnati has granted exclusive
development rights for a prime riverfront location to
the Freedom Center;
‘‘(D) the Freedom Center will be a national center
linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the
United States and to a constituency that reaches
across the United States, Canada, Mexico, the Caribbean and beyond; and
‘‘(E) the Freedom Center has reached an agreement
with the National Park Service to pursue a range of
historical and educational cooperative activities related to the Underground Railroad, including but not
limited to assisting the National Park Service in the
implementation of the National Underground Railroad Network to Freedom Act [16 U.S.C. 469l et seq.].
‘‘(2) PURPOSES.—The purposes of this section are—
‘‘(A) to promote preservation and public awareness
of the history of the Underground Railroad;
‘‘(B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati,
Ohio; and
‘‘(C) to assist the National Park Service in the implementation of the National Underground Railroad
Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l
and following).’’

§ 469l–3. Authorization of appropriations
(a) Amounts
There are authorized to be appropriated to
carry out sections 469l to 469l–3 of this title
$2,500,000 for each fiscal year, to be allocated as
follows:
(1) $2,000,000 is to be used for the purposes of
section 469l–1 of this title.
(2) $500,000 is to be used for the purposes of
section 469l–2 of this title.
(b) Restrictions
No amounts may be appropriated for the purposes of sections 469l to 469l–3 of this title except
to the Secretary for carrying out the responsibilities of the Secretary as set forth in sections 469l to 469l–3 of this title.
(Pub. L. 105–203, § 5, as added Pub. L. 110–229,
title III, § 361(a)(3), May 8, 2008, 122 Stat. 801.)

AMENDMENTS
2008—Subsec. (d). Pub. L. 110–229 struck out subsec.
(d) which related to funding for purposes of this section
for fiscal year 2001 and each subsequent fiscal year.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–229 effective at the beginning of the fiscal year immediately following May 8,
2008, see section 361(b) of Pub. L. 110–229, set out as a
note under section 469l–1 of this title.
NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER
Pub. L. 106–291, title I, § 150(b), Oct. 11, 2000, 114 Stat.
956, provided that:
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) the National Underground Railroad Freedom
Center (hereinafter ‘Freedom Center’) is a nonprofit
organization incorporated under the laws of the State
of Ohio in 1995;
‘‘(B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad
through development of a national cultural institution in Cincinnati, Ohio, that will house an interpre-

Page 846

EFFECTIVE DATE
Section effective at the beginning of the fiscal year
immediately following May 8, 2008, see section 361(b) of
Pub. L. 110–229, set out as an Effective Date of 2008
Amendment note under section 469l–1 of this title.

§ 469m. Women’s Rights National Historical Park
(a) Omitted
(b) National Women’s Rights History Project National Registry
(1) In general
The Secretary of the Interior (referred to in
this section as the ‘‘Secretary’’) may make annual grants to State historic preservation offices for not more than 5 years to assist the
State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places women’s
rights history properties.

Page 847

§ 469n

TITLE 16—CONSERVATION

(2) Eligibility
In making grants under paragraph (1), the
Secretary shall give priority to grants relating to properties associated with the multiple
facets of the women’s rights movement, such
as politics, economics, education, religion, and
social and family rights.
(3) Updates
The Secretary shall ensure that the National
Register travel itinerary website entitled
‘‘Places Where Women Made History’’ is updated to contain—
(A) the results of the inventory conducted
under paragraph (1); and
(B) any links to websites related to places
on the inventory.
(4) Cost-sharing requirement
The Federal share of the cost of any activity
carried out using any assistance made available under this subsection shall be 50 percent.
(5) Authorization of appropriations
There is authorized to be appropriated to the
Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through
2013.
(c) National Women’s Rights History Project
Partnerships Network
(1) Grants
The Secretary may make matching grants
and give technical assistance for development
of a network of governmental and nongovernmental entities (referred to in this subsection
as the ‘‘network’’), the purpose of which is to
provide interpretive and educational program
development of national women’s rights history, including historic preservation.
(2) Management of network
(A) In general
The Secretary shall, through a competitive process, designate a nongovernmental
managing network to manage the network.
(B) Coordination
The nongovernmental managing entity
designated under subparagraph (A) shall
work in partnership with the Director of the
National Park Service and State historic
preservation offices to coordinate operation
of the network.
(3) Cost-sharing requirement
(A) In general
The Federal share of the cost of any activity carried out using any assistance made
available under this subsection shall be 50
percent.
(B) State historic preservation offices
Matching grants for historic preservation
specific to the network may be made available through State historic preservation offices.
(4) Authorization of appropriations
There is authorized to be appropriated to the
Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through
2013.

(Pub. L. 111–11, title VII, § 7111, Mar. 30, 2009, 123
Stat. 1199.)
CODIFICATION
Section is comprised of section 7111 of Pub. L. 111–11.
Subsec. (a) of section 7111 of Pub. L. 111–11 enacted section 410ll–1 of this title.

§ 469n. Preserve America Program
(a) Purpose
The purpose of this section is to authorize the
Preserve America Program, including—
(1) the Preserve America grant program
within the Department of the Interior;
(2) the recognition programs administered
by the Advisory Council on Historic Preservation; and
(3) the related efforts of Federal agencies,
working in partnership with State, tribal, and
local governments and the private sector, to
support and promote the preservation of historic resources.
(b) Definitions
In this section:
(1) Council
The term ‘‘Council’’ means the Advisory
Council on Historic Preservation.
(2) Heritage tourism
The term ‘‘heritage tourism’’ means the conduct of activities to attract and accommodate
visitors to a site or area based on the unique
or special aspects of the history, landscape (including trail systems), and culture of the site
or area.
(3) Program
The term ‘‘program’’ means the Preserve
America Program established under subsection (c)(1).
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(c) Establishment
(1) In general
There is established in the Department of
the Interior the Preserve America Program,
under which the Secretary, in partnership
with the Council, may provide competitive
grants to States, local governments (including
local governments in the process of applying
for designation as Preserve America Communities under subsection (d)), Indian tribes,
communities designated as Preserve America
Communities under subsection (d), State historic preservation offices, and tribal historic
preservation offices to support preservation efforts through heritage tourism, education, and
historic preservation planning activities.
(2) Eligible projects
(A) In general
The following projects shall be eligible for
a grant under this section:
(i) A project for the conduct of—
(I) research on, and documentation of,
the history of a community; and
(II) surveys of the historic resources of
a community.

§ 469o

TITLE 16—CONSERVATION

(ii) An education and interpretation
project that conveys the history of a community or site.
(iii) A planning project (other than
building rehabilitation) that advances economic development using heritage tourism
and historic preservation.
(iv) A training project that provides opportunities for professional development
in areas that would aid a community in
using and promoting its historic resources.
(v) A project to support heritage tourism
in a Preserve America Community designated under subsection (d).
(vi) Other nonconstruction projects that
identify or promote historic properties or
provide for the education of the public
about historic properties that are consistent with the purposes of this section.
(B) Limitation
In providing grants under this section, the
Secretary shall only provide 1 grant to each
eligible project selected for a grant.
(3) Preference
In providing grants under this section, the
Secretary may give preference to projects that
carry out the purposes of both the program
and the Save America’s Treasures Program.
(4) Consultation and notification
(A) Consultation
The Secretary shall consult with the Council in preparing the list of projects to be provided grants for a fiscal year under the program.
(B) Notification
Not later than 30 days before the date on
which the Secretary provides grants for a
fiscal year under the program, the Secretary
shall submit to the Committee on Energy
and Natural Resources of the Senate, the
Committee on Appropriations of the Senate,
the Committee on Natural Resources of the
House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects
that are to be provided grants under the program for the fiscal year.
(5) Cost-sharing requirement
(A) In general
The non-Federal share of the cost of carrying out a project provided a grant under this
section shall be not less than 50 percent of
the total cost of the project.
(B) Form of non-Federal share
The non-Federal share required under subparagraph (A) shall be in the form of—
(i) cash; or
(ii) donated supplies and related services,
the value of which shall be determined by
the Secretary.
(C) Requirement
The Secretary shall ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the
non-Federal share for an eligible project required under subparagraph (A) before a grant

Page 848

is provided to the eligible project under the
program.
(d) Designation of Preserve America Communities
(1) Application
To be considered for designation as a Preserve America Community, a community,
tribal area, or neighborhood shall submit to
the Council an application containing such information as the Council may require.
(2) Criteria
To be designated as a Preserve America
Community under the program, a community,
tribal area, or neighborhood that submits an
application under paragraph (1) shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in addition, consider—
(A) protection and celebration of the heritage of the community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and
(C) encouragement of people to experience
and appreciate local historic resources
through education and heritage tourism programs.
(3) Local governments previously certified for
historic preservation activities
The Council shall establish an expedited
process for Preserve America Community designation for local governments previously certified for historic preservation activities under
section 470a(c)(1) of this title.
(4) Guidelines
The Council, in consultation with the Secretary, shall establish any guidelines that are
necessary to carry out this subsection.
(e) Regulations
The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to be necessary to carry out this section.
(f) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $25,000,000 for each fiscal
year, to remain available until expended.
(Pub. L. 111–11, title VII, § 7302, Mar. 30, 2009, 123
Stat. 1214.)
§ 469o. Save America’s Treasures Program
(a) Purpose
The purpose of this section is to authorize
within the Department of the Interior the Save
America’s Treasures Program, to be carried out
by the Director of the National Park Service, in
partnership with—
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library
Services;
(4) the National Trust for Historic Preservation;

Page 849

TITLE 16—CONSERVATION

(5) the National Conference of State Historic
Preservation Officers;
(6) the National Association of Tribal Historic Preservation Officers; and
(7) the President’s Committee on the Arts
and the Humanities.
(b) Definitions
In this section:
(1) Collection
The term ‘‘collection’’ means a collection of
intellectual and cultural artifacts, including
documents, sculpture, and works of art.
(2) Eligible entity
The term ‘‘eligible entity’’ means a Federal
entity, State, local, or tribal government, educational institution, or nonprofit organization.
(3) Historic property
The term ‘‘historic property’’ has the meaning given the term in section 470w of this title.
(4) Nationally significant
The term ‘‘nationally significant’’ means a
collection or historic property that meets the
applicable criteria for national significance, in
accordance with regulations promulgated by
the Secretary pursuant to section 470a(a)(2) of
this title.
(5) Program
The term ‘‘program’’ means the Save America’s Treasures Program established under subsection (c)(1).
(6) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of
the National Park Service.
(c) Establishment
(1) In general
There is established in the Department of
the Interior the Save America’s Treasures program, under which the amounts made available to the Secretary under subsection (e)
shall be used by the Secretary, in consultation
with the organizations described in subsection
(a), subject to paragraph (6)(A)(ii), to provide
grants to eligible entities for projects to preserve nationally significant collections and
historic properties.
(2) Determination of grants
Of the amounts made available for grants
under subsection (e), not less than 50 percent
shall be made available for grants for projects
to preserve collections and historic properties,
to be distributed through a competitive grant
process administered by the Secretary, subject
to the eligibility criteria established under
paragraph (5).
(3) Applications for grants
To be considered for a competitive grant
under the program an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require.

§ 469o

(4) Collections and historic properties eligible
for competitive grants
(A) In general
A collection or historic property shall be
provided a competitive grant under the program only if the Secretary determines that
the collection or historic property is—
(i) nationally significant; and
(ii) threatened or endangered.
(B) Eligible collections
A determination by the Secretary regarding the national significance of collections
under subparagraph (A)(i) shall be made in
consultation with the organizations described in subsection (a), as appropriate.
(C) Eligible historic properties
To be eligible for a competitive grant
under the program, a historic property shall,
as of the date of the grant application—
(i) be listed in the National Register of
Historic Places at the national level of significance; or
(ii) be designated as a National Historic
Landmark.
(5) Selection criteria for grants
(A) In general
The Secretary shall not provide a grant
under this section to a project for an eligible
collection or historic property unless the
project—
(i) eliminates or substantially mitigates
the threat of destruction or deterioration
of the eligible collection or historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule
and within the budget described in the
grant application.
(B) Preference
In providing grants under this section, the
Secretary may give preference to projects
that carry out the purposes of both the program and the Preserve America Program.
(C) Limitation
In providing grants under this section, the
Secretary shall only provide 1 grant to each
eligible project selected for a grant.
(6) Consultation and notification by Secretary
(A) Consultation
(i) In general
Subject to clause (ii), the Secretary shall
consult with the organizations described in
subsection (a) in preparing the list of
projects to be provided grants for a fiscal
year by the Secretary under the program.
(ii) Limitation
If an entity described in clause (i) has
submitted an application for a grant under
the program, the entity shall be recused by
the Secretary from the consultation requirements under that clause and paragraph (1).
(B) Notification
Not later than 30 days before the date on
which the Secretary provides grants for a

§ 470

TITLE 16—CONSERVATION

fiscal year under the program, the Secretary
shall submit to the Committee on Energy
and Natural Resources of the Senate, the
Committee on Appropriations of the Senate,
the Committee on Natural Resources of the
House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects
that are to be provided grants under the program for the fiscal year.
(7) Cost-sharing requirement
(A) In general
The non-Federal share of the cost of carrying out a project provided a grant under this
section shall be not less than 50 percent of
the total cost of the project.
(B) Form of non-Federal share
The non-Federal share required under subparagraph (A) shall be in the form of—
(i) cash; or
(ii) donated supplies or related services,
the value of which shall be determined by
the Secretary.
(C) Requirement
The Secretary shall ensure that each applicant for a grant has the capacity and a
feasible plan for securing the non-Federal
share for an eligible project required under
subparagraph (A) before a grant is provided
to the eligible project under the program.
(d) Regulations
The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to be necessary to carry out this section.
(e) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $50,000,000 for each fiscal
year, to remain available until expended.
(Pub. L. 111–11, title VII, § 7303, Mar. 30, 2009, 123
Stat. 1216.)
SUBCHAPTER II—NATIONAL HISTORIC
PRESERVATION
§ 470. Short title; Congressional finding and declaration of policy
(a) This subchapter may be cited as the ‘‘National Historic Preservation Act’’.
(b) The Congress finds and declares that—
(1) the spirit and direction of the Nation are
founded upon and reflected in its historic heritage;
(2) the historical and cultural foundations of
the Nation should be preserved as a living part
of our community life and development in
order to give a sense of orientation to the
American people;
(3) historic properties significant to the Nation’s heritage are being lost or substantially
altered, often inadvertently, with increasing
frequency;
(4) the preservation of this irreplaceable heritage is in the public interest so that its vital
legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will
be maintained and enriched for future generations of Americans;

Page 850

(5) in the face of ever-increasing extensions
of urban centers, highways, and residential,
commercial, and industrial developments, the
present governmental and nongovernmental
historic preservation programs and activities
are inadequate to insure future generations a
genuine opportunity to appreciate and enjoy
the rich heritage of our Nation;
(6) the increased knowledge of our historic
resources, the establishment of better means
of identifying and administering them, and
the encouragement of their preservation will
improve the planning and execution of Federal
and federally assisted projects and will assist
economic growth and development; and
(7) although the major burdens of historic
preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital
role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to
agencies and individuals undertaking preservation by private means, and to assist State
and local governments and the National Trust
for Historic Preservation in the United States
to expand and accelerate their historic preservation programs and activities.
(Pub. L. 89–665, § 1, Oct. 15, 1966, 80 Stat. 915; Pub.
L. 96–515, title I, § 101(a), Dec. 12, 1980, 94 Stat.
2987.)
AMENDMENTS
1980—Pub. L. 96–515 added subsec. (a), designated existing provision as subsec. (b), and in subsec. (b) as so
designated, redesignated pars. (a) to (d) as (1), (2), (5),
and (7), respectively, in par. (1) as so redesignated, substituted ‘‘heritage’’ for ‘‘past’’, and added pars. (3), (4),
and (6).
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–453, § 1(a), Dec. 22, 2006, 120 Stat. 3367, provided that: ‘‘This Act [enacting section 470v–2 of this
title and amending sections 470h, 470i, 470m, and 470t of
this title] may be cited as the ‘National Historic Preservation Act Amendments Act of 2006’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–355, § 1, Oct. 24, 2000, 114 Stat. 1385, provided that: ‘‘This Act [enacting sections 470w–7 and
470w–8 of this title] may be cited as the ‘National Historic Lighthouse Preservation Act of 2000’.’’
Pub. L. 106–208, § 1, May 26, 2000, 114 Stat. 318, provided
that: ‘‘This Act [amending sections 470a, 470b, 470c,
470h, 470h–2, 470h–4, 470n, 470t, 470w, 470w–6, and 470x–3
of this title] may be cited as the ‘National Historic
Preservation Act Amendments of 2000’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–575, title XL, § 4001, Oct. 30, 1992, 106 Stat.
4753, provided that: ‘‘This title [enacting sections
470h–4, 470h–5, and 470x to 470x–6 of this title, amending
sections 466, 470–1, 470a, 470b, 470c, 470h, 470h–2, 470h–3,
470i, 470s, 470t, 470w, and 470w–3 of this title, enacting
provisions set out as notes under section 470a of this
title, and amending provisions set out as a note under
section 461 of this title] may be cited as the ‘National
Historic Preservation Act Amendments of 1992’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–515, § 1, Dec. 12, 1980, 94 Stat. 2987, provided:
‘‘That this Act [enacting sections 469c–2, 470–1 470a–1,
470a–2, 470h–2, 470h–3, 470u, 470v and 470w to 470w–6 of