Donations and Bequests of Money, Personal Property and Less than Fee Interests in Historic Property

Page 125

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

§ 307105. Attorney’s fees and costs to prevailing
parties in civil actions
In any civil action brought in any United
States district court by any interested person to
enforce this division, if the person substantially
prevails in the action, the court may award attorney’s fees, expert witness fees, and other
costs of participating in the civil action, as the
court considers reasonable.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
HISTORICAL AND REVISION NOTES
Revised
Section
307105 .........

Source (U.S. Code)
16 U.S.C. 470w–4.

Source (Statutes at Large)
Pub. L. 89–665, title III, § 305,
as added Pub. L. 96–515,
title V, § 501, Dec. 12, 1980,
94 Stat. 3002.

§ 307106. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency may
expend funds appropriated for its authorized
programs for the purposes of activities carried
out pursuant to this division, except to the extent that appropriations legislation expressly
provides otherwise.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)
HISTORICAL AND REVISION NOTES
Revised
Section
307106 .........

Source (U.S. Code)
16 U.S.C. 470w–1.

vision, the Secretary may accept the donation
of funds that may be expended by the Secretary
for projects to acquire, restore, preserve, or recover data from any property included on the
National Register, as long as the project is
owned by a State, any unit of local government,
or any nonprofit entity.
(b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF FUNDS.—
(1) IN GENERAL.—In expending the funds, the
Secretary shall give due consideration to—
(A) the national significance of the
project;
(B) its historical value to the community;
(C) the imminence of its destruction or
loss; and
(D) the expressed intentions of the donor.
(2) FUNDS AVAILABLE WITHOUT REGARD TO
MATCHING
REQUIREMENTS.—Funds
expended
under this subsection shall be made available
without regard to the matching requirements
established by sections 302901 and 302902(b) of
this title, but the recipient of the funds shall
be permitted to utilize them to match any
grants from the Historic Preservation Fund.
(c) TRANSFER OF UNOBLIGATED FUNDS.—The
Secretary may transfer unobligated funds previously donated to the Secretary for the purposes of the Service, with the consent of the
donor, and any funds so transferred shall be used
or expended in accordance with this division.

Source (Statutes at Large)

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)

Pub. L. 89–665, title III, § 302,
as added Pub. L. 96–515,
title V, § 501, Dec. 12, 1980,
94 Stat. 3002.

HISTORICAL AND REVISION NOTES

§ 307107. Donations and bequests of money, personal property, and less than fee interests in
historic property
(a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept donations and bequests of
money and personal property for the purposes of
this division and shall hold, use, expend, and administer the money and personal property for
those purposes.
(b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary may accept gifts or donations of less than fee interests in any historic
property where the acceptance of an interest
will facilitate the conservation or preservation
of the historic property. Nothing in this section
or in any provision of this division shall be construed to affect or impair any other authority of
the Secretary under other provision of law to
accept or acquire any property for conservation
or preservation or for any other purpose.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3232.)

Revised
Section

Source (U.S. Code)

307108 .........

307107 .........

Source (U.S. Code)
16 U.S.C. 470w–2.

Source (Statutes at Large)
Pub. L. 89–665, title III, § 303,
as added Pub. L. 96–515,
title V, § 501, Dec. 12, 1980,
94 Stat. 3002.

§ 307108. Privately donated funds
PROJECTS FOR WHICH FUNDS MAY BE
USED.—In furtherance of the purposes of this di(a)

16 U.S.C. 470h–1.

Source (Statutes at Large)
Pub. L. 89–665, title I, § 109,
as added Pub. L. 96–244, § 1,
May 19, 1980, 94 Stat. 346.

In subsection (a), the word ‘‘included’’ is substituted
for ‘‘listed’’ for consistency in the revised subtitle.

DIVISION B—ORGANIZATIONS AND
PROGRAMS
SUBDIVISION 1—ADMINISTERED BY NATIONAL
PARK SERVICE
CHAPTER 3081—AMERICAN BATTLEFIELD
PROTECTION PROGRAM
Sec.

308101.
308102.
308103.

Definition.
Preservation assistance.
Battlefield acquisition grant program.

§ 308101. Definition
In this chapter, the term ‘‘Secretary’’ means
the Secretary, acting through the American
Battlefield Protection Program.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3233.)

HISTORICAL AND REVISION NOTES
Revised
Section

§ 308101

HISTORICAL AND REVISION NOTES
Revised
Section
308101 .........

Source (U.S. Code)
16 U.S.C.
469k–1(c)(1)(D).

Source (Statutes at Large)
Pub. L. 111–11, title VII,
subtitle D, § 7301(c)(1)(D),
Mar. 30, 2009, 123 Stat.
1213.

PURPOSE
Pub. L. 111–11, title VII, § 7301(a), Mar. 30, 2009, 123
Stat. 1213, provided that: ‘‘The purpose of this section