
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: 16USC470h-2]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                            Part A--Programs
 
Sec. 470h-2. Historic properties owned or controlled by Federal 
        agencies
        

(a) Responsibilities of Federal agencies; program for identification, 
        evaluation, nomination, and protection

    (1) The heads of all Federal agencies shall assume responsibility 
for the preservation of historic properties which are owned or 
controlled by such agency. Prior to acquiring, constructing, or leasing 
buildings for purposes of carrying out agency responsibilities, each 
Federal agency shall use, to the maximum extent feasible, historic 
properties available to the agency, in accordance with Executive Order 
No. 13006, issued May 21, 1996 (61 Fed. Reg. 26071). Each agency shall 
undertake, consistent with the preservation of such properties and the 
mission of the agency and the professional standards established 
pursuant to section 470a(g) of this title, any preservation, as may be 
necessary to carry out this section.
    (2) Each Federal agency shall establish (unless exempted pursuant to 
section 470v of this title), in consultation with the Secretary, a 
preservation program for the identification, evaluation, and nomination 
to the National Register of Historic Places, and protection of historic 
properties. Such program shall ensure--
        (A) that historic properties under the jurisdiction or control 
    of the agency, are identified, evaluated, and nominated to the 
    National Register;
        (B) that such properties under the jurisdiction or control of 
    the agency as are listed in or may be eligible for the National 
    Register are managed and maintained in a way that considers the 
    preservation of their historic, archaeological, architectural, and 
    cultural values in compliance with section 470f of this title and 
    gives special consideration to the preservation of such values in 
    the case of properties designated as having National significance;
        (C) that the preservation of properties not under the 
    jurisdiction or control of the agency, but subject to be potentially 
    affected by agency actions are given full consideration in planning;
        (D) that the agency's preservation-related activities are 
    carried out in consultation with other Federal, State, and local 
    agencies, Indian tribes, Native Hawaiian organizations carrying out 
    historic preservation planning activities, and with the private 
    sector; and
        (E) that the agency's procedures for compliance with section 
    470f of this title--
            (i) are consistent with regulations issued by the Council 
        pursuant to section 470s of this title;
            (ii) provide a process for the identification and evaluation 
        of historic properties for listing in the National Register and 
        the development and implementation of agreements, in 
        consultation with State Historic Preservation Officers, local 
        governments, Indian tribes, Native Hawaiian organizations, and 
        the interested public, as appropriate, regarding the means by 
        which adverse effects on such properties will be considered; and
            (iii) provide for the disposition of Native American 
        cultural items from Federal or tribal land in a manner 
        consistent with section 3002(c) of title 25.

(b) Records on historic properties to be altered or demolished; deposit 
        in Library of Congress or other appropriate agency

    Each Federal agency shall initiate measures to assure that where, as 
a result of Federal action or assistance carried out by such agency, an 
historic property is to be substantially altered or demolished, timely 
steps are taken to make or have made appropriate records, and that such 
records then be deposited, in accordance with section 470a(a) of this 
title, in the Library of Congress or with such other appropriate agency 
as may be designated by the Secretary, for future use and reference.

(c) Agency Preservation Officer; responsibilities; qualifications

    The head of each Federal agency shall, unless exempted under section 
470v of this title, designate a qualified official to be known as the 
agency's ``preservation officer'' who shall be responsible for 
coordinating that agency's activities under this subchapter. Each 
Preservation Officer may, in order to be considered qualified, 
satisfactorily complete an appropriate training program established by 
the Secretary under section 470a(h) of this title.

(d) Agency programs and projects

    Consistent with the agency's missions and mandates, all Federal 
agencies shall carry out agency programs and projects (including those 
under which any Federal assistance is provided or any Federal license, 
permit, or other approval is required) in accordance with the purposes 
of this subchapter and, give consideration to programs and projects 
which will further the purposes of this subchapter.

(e) Review of plans of transferees of surplus federally owned historic 
        properties

    The Secretary shall review and approve the plans of transferees of 
surplus federally owned historic properties not later than ninety days 
after his receipt of such plans to ensure that the prehistorical, 
historical, architectural, or culturally significant values will be 
preserved or enhanced.

(f) Planning and actions to minimize harm to National Historic Landmarks

    Prior to the approval of any Federal undertaking which may directly 
and adversely affect any National Historic Landmark, the head of the 
responsible Federal agency shall, to the maximum extent possible, 
undertake such planning and actions as may be necessary to minimize harm 
to such landmark, and shall afford the Advisory Council on Historic 
Preservation a reasonable opportunity to comment on the undertaking.

(g) Costs of preservation as eligible project costs

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

(h) Annual preservation awards program

    The Secretary shall establish an annual preservation awards program 
under which he 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 resources. Such program may include the issuance of annual 
awards by the President of the United States to any citizen of the 
United States recommended for such award by the Secretary.

(i) Environmental impact statement

    Nothing in this subchapter shall be construed to require the 
preparation of an environmental impact statement where such a statement 
would not otherwise be required under the National Environmental Policy 
Act of 1969 [42 U.S.C. 4321 et seq.], and nothing in this subchapter 
shall be construed to provide any exemption from any requirement 
respecting the preparation of such a statement under such Act.

(j) 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 section may be waived in whole or in part in the 
event of a major natural disaster or an imminent threat to the national 
security.

(k) Assistance for adversely affected historic property

    Each Federal agency shall ensure that the agency will not grant a 
loan, loan guarantee, permit, license, or other assistance to an 
applicant who, with intent to avoid the requirements of section 470f of 
this title, has intentionally significantly adversely affected a 
historic property to which the grant would relate, or having legal power 
to prevent it, allowed such significant adverse effect to occur, unless 
the agency, after consultation with the Council, determines that 
circumstances justify granting such assistance despite the adverse 
effect created or permitted by the applicant.

(l) Documentation of decisions respecting undertakings

    With respect to any undertaking subject to section 470f of this 
title which adversely affects any property included in or eligible for 
inclusion in the National Register, and for which a Federal agency has 
not entered into an agreement pursuant to regulations issued by the 
Council, the head of such agency shall document any decision made 
pursuant to section 470f of this title. The head of such agency may not 
delegate his or her responsibilities pursuant to such section. Where a 
section 106 [16 U.S.C. 470f] memorandum of agreement has been executed 
with respect to an undertaking, such memorandum shall govern the 
undertaking and all of its parts.

(Pub. L. 89-665, title I, Sec. 110, as added Pub. L. 96-515, title II, 
Sec. 206, Dec. 12, 1980, 94 Stat. 2996; amended Pub. L. 102-575, title 
XL, Secs. 4006(b), 4012, Oct. 30, 1992, 106 Stat. 4757, 4760; Pub. L. 
106-208, Secs. 4, 5(a)(8), May 26, 2000, 114 Stat. 318, 319.)

                       References in Text

    Executive Order No. 13006, referred to in subsec. (a)(1), is set out 
as a note under section 601a of Title 40, Public Buildings, Property, 
and Works.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 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.


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-208, Sec. 4, substituted ``agency, 
in accordance with Executive Order No. 13006, issued May 21, 1996 (61 
Fed. Reg. 26071).'' for ``agency.'' in second sentence.
    Subsec. (l). Pub. L. 106-208, Sec. 5(a)(8), which directed amendment 
of section 110(1) of the National Historic Preservation Act by 
substituting ``pursuant to regulations issued by the Council'' for 
``with the Council'', was executed to subsec. (l) of this section to 
reflect the probable intent of Congress.
    1992--Subsec. (a)(1). Pub. L. 102-575, Sec. 4012(1), substituted 
``section 470a(g)'' for ``section 470a(f)''.
    Subsec. (a)(2). Pub. L. 102-575, Sec. 4012(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``With the 
advice of the Secretary and in cooperation with the State historic 
preservation officer for the State involved, each Federal agency shall 
establish a program to locate, inventory, and nominate to the Secretary 
all properties under the agency's ownership or control by the agency, 
that appear to qualify for inclusion on the National Register in 
accordance with the regulations promulgated under section 470a(a)(2)(A) 
of this title. Each Federal agency shall exercise caution to assure that 
any such property that might qualify for inclusion is not inadvertently 
transferred, sold, demolished, substantially altered, or allowed to 
deteriorate significantly.''
    Subsec. (c). Pub. L. 102-575, Sec. 4006(b), substituted ``section 
470a(h)'' for ``section 470a(g)''.
    Subsecs. (k), (l). Pub. L. 102-575, Sec. 4011(3), added subsecs. (k) 
and (l).

                  Section Referred to in Other Sections

    This section is referred to in sections 470a, 470w-3 of this title.
