
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5320]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5320. Historic preservation requirements


(a) Regulations

    With respect to applications for assistance under section 5318 of 
this title, the Secretary of the Interior, after consulting with the 
Secretary, shall prescribe and implement regulations concerning projects 
funded under section 5318 of this title and their relationship with--
        (1) ``An Act to establish a program for the preservation of 
    additional historic properties throughout the Nation, and for other 
    purposes'', approved October 14, 1966, as amended [16 U.S.C. 470 et 
    seq.]; and
        (2) ``An Act to provide for the preservation of historical and 
    archaeological data (including relics and specimens) which might 
    otherwise be lost as a result of the construction of a dam'', 
    approved June 27, 1960, as amended [16 U.S.C. 469 to 469c-1].

(b) Actions by State historic preservation officer and Secretary of the 
        Interior

    In prescribing and implementing such regulations with respect to 
applications submitted under section 5318 of this title which identify 
any property pursuant to subsection (c)(4)(B) of such section, the 
Secretary of the Interior shall provide at least that--
        (1) the appropriate State historic preservation officer (as 
    determined in accordance with regulations prescribed by the 
    Secretary of the Interior) shall, not later than 45 days after 
    receiving information from the applicant relating to the 
    identification of properties which will be affected by the project 
    for which the application is made and which may meet the criteria 
    established by the Secretary of the Interior for inclusion on the 
    National Register of Historic Places (together with documentation 
    relating to such inclusion), submit his or her comments, together 
    with such other information considered necessary by the officer, to 
    the applicant concerning such properties; and
        (2) the Secretary of the Interior shall, not later than 45 days 
    after receiving from the applicant the information described in 
    paragraph (1) and the comments submitted to the applicant in 
    accordance with paragraph (1), make a determination as to whether 
    any of the properties affected by the project for which the 
    application is made is eligible for inclusion on the National 
    Register of Historic Places.

(c) Regulations by Advisory Council on Historic Preservation providing 
        for expeditious action

    The Advisory Council on Historic Preservation shall prescribe 
regulations providing for expeditious action by the Council in making 
its comments under section 106 of the Act [16 U.S.C. 470f] referred to 
in subsection (a)(1) in the case of properties which are included on, or 
eligible for inclusion on, the National Register of Historic Places and 
which are affected by a project for which an application is made under 
section 5318 of this title.

(Pub. L. 93-383, title I, Sec. 121, as added Pub. L. 96-399, title I, 
Sec. 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 97-35, title 
III, Sec. 308(b), Aug. 13, 1981, 95 Stat. 396.)

                       References in Text

    ``An Act to establish a program for the preservation of additional 
historic properties throughout the Nation, and for other purposes'', 
approved October 14, 1966, as amended, referred to in subsec. (a)(1), 
probably means Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, 
known as the National Historic Preservation Act, which is classified 
generally to subchapter II (Sec. 470 et seq.) of chapter 1A of Title 16, 
Conservation. For complete classification of this Act to the Code see 
section 470(a) of Title 16 and Tables.
    ``An Act to provide for the preservation of historical and 
archaeological data (including relics and specimens) which might 
otherwise be lost as a result of the construction of a dam'', approved 
June 27, 1960, as amended, referred to in subsec. (a)(2), is Pub. L. 86-
523, June 27, 1960, 74 Stat. 220, as amended, which enacted sections 469 
to 469c-1 of Title 16. For complete classification of this Act, see 
Tables.


                               Amendments

    1981--Subsec. (b). Pub. L. 97-35 substituted ``subsection 
(c)(4)(B)'' for ``subsection (c)(7)(B)''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective on effective date of 
regulations implementing such amendments, see section 308(c) of Pub. L. 
97-35, set out as a note under section 5318 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5318 of this title.
