
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC462]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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.
    (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 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, Sec. 2, 49 Stat. 666; Pub. L. 89-249, Sec. 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, 
Secs. 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, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1e, 230e, 281e, 282a, 282b, 
396d, 397d, 407q, 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410cc-22, 410cc-
32, 410ee, 410ii-5, 410jj-4, 410kk-1, 410ll, 410nn-1, 410oo-3, 410rr-3, 
410rr-7, 410ss-1, 410tt-3, 410yy-2, 410bbb-2, 410ccc-2, 410ddd, 410eee, 
410eee-3, 410fff-2, 410ggg-1, 410hhh-5, 423l-5, 430f-5, 430f-10, 430m, 
450e-1, 450hh-2, 450jj-5, 450pp-1, 450ss-2, 450ss-4, 459h-4, 460kkk, 
463, 464, 465, 466, 467, 467b, 468, 469, 470a, 698r, 698u-3, 1133, 1244 
of this title; title 40 sections 304a-2, 871; title 43 section 377b.
