54 USC 3016108 - Effect of Undertaking on Historic Property

§ 306108

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

§ 306108. Effect of undertaking on historic property
The head of any Federal agency having direct
or indirect jurisdiction over a proposed Federal
or federally assisted undertaking in any State
and the head of any Federal department or independent agency having authority to license any
undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license,
shall take into account the effect of the undertaking on any historic property. The head of the
Federal agency shall afford the Council a reasonable opportunity to comment with regard to
the undertaking.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
HISTORICAL AND REVISION NOTES
Revised
Section
306108 .........

Source (U.S. Code)
16 U.S.C. 470f.

Source (Statutes at Large)
Pub. L. 89–665, title I, § 106,
Oct. 15, 1966, 80 Stat. 917;
Pub. L. 94–422, title II,
§ 201(3), Sept. 28, 1976, 90
Stat. 1320.

The words ‘‘historic property’’ are substituted for
‘‘district, site, building, structure, or object that is included in or eligible for inclusion in the National Register’’ because of the definition of ‘‘historic property’’
in section 300308 of the new title.

HISTORICAL AND REVISION NOTES
Revised
Section
306110 .........

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
HISTORICAL AND REVISION NOTES
Revised
Section
306109 .........

Source (U.S. Code)
16 U.S.C. 470h–2(g).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 110(g), as added Pub. L.
96–515, title II, § 206, Dec.
12, 1980, 94 Stat. 2996.

§ 306110. Annual preservation awards program
The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts
of not to exceed $1,000 and provide citations for
special achievement to officers and employees of
Federal, State, and certified local governments
in recognition of their outstanding contributions to the preservation of historic property.
The program may include the issuance of annual
awards by the President to any citizen of the
United States recommended for the award by
the Secretary.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)

Source (U.S. Code)
16 U.S.C. 470h–2(h).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 110(h), as added Pub. L.
96–515, title II, § 206, Dec.
12, 1980, 94 Stat. 2997.

The words ‘‘historic property’’ are substituted for
‘‘historic resources’’ for consistency because the defined term in the new division is ‘‘historic property’’.

§ 306111. Environmental impact statement
Nothing in this division shall be construed
to—
(1) require the preparation of an environmental impact statement where the statement
would not otherwise be required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
HISTORICAL AND REVISION NOTES
Revised
Section
306111 .........

§ 306109. Costs of preservation as eligible project
costs
A Federal agency may include the costs of
preservation activities of the agency under this
division as eligible project costs in all undertakings of the agency or assisted by the agency.
The eligible project costs may include amounts
paid by a Federal agency to a State to be used
in carrying out the preservation responsibilities
of the Federal agency under this division, and
reasonable costs may be charged to Federal licensees and permittees as a condition to the
issuance of the license or permit.

Page 126

Source (U.S. Code)
16 U.S.C. 470h–2(i).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 110(i), as added Pub. L.
96–515, title II, § 206, Dec.
12, 1980, 94 Stat. 2997.

Editorial Notes
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.
852, which is classified generally to chapter 55 (§ 4321 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 4321 of Title 42
and Tables.

§ 306112. Waiver of provisions in event of natural
disaster or imminent threat to national security
The Secretary shall promulgate regulations
under which the requirements of this subchapter
(except section 306108) may be waived in whole
or in part in the event of a major natural disaster or an imminent threat to national security.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)
HISTORICAL AND REVISION NOTES
Revised
Section
306112 .........

Source (U.S. Code)
16 U.S.C. 470h–2(j).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 110(j), as added Pub. L.
96–515, title II, § 206, Dec.
12, 1980, 94 Stat. 2997.

§ 306113. Anticipatory demolition
Each Federal agency shall ensure that the
agency will not grant a loan, loan guarantee,
permit, license, or other assistance to an applicant that, with intent to avoid the requirements
of section 306108 of this title, has intentionally
significantly adversely affected a historic property to which the grant would relate, or having
legal power to prevent it, has allowed the sig-