
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: 16USC469a-1]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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 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, Sec. 3, as added Pub. L. 93-291, Sec. 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, see note set out under section 469a of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 469, 469a-3, 469b, 469c, 
469c-1, 470a, 470dd, 470hh of this title; title 42 section 5320; title 
43 section 377b.
