
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-2]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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, Sec. 4, as added Pub. L. 93-291, Sec. 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, 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.
