§ 430g-7. — Conservation within Gettysburg Battlefield historic district.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC430g-7]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 430g-7. Conservation within Gettysburg Battlefield historic
district
(a) Encouragement of conservation
The Secretary shall take appropriate action to encourage
conservation of the historic district by landowners, local governments,
organizations, and businesses.
(b) Prioritization of grants
Within the historic district, the Secretary shall give priority in
making grants under section 101(d), and in providing technical
assistance, information, and advice under section 101(h), of the
National Historic Preservation Act (16 U.S.C. 470a(d), (h)) to those
programs and activities in the historic district that will assure
development and use of natural and cultural resources in a manner that
is consistent with the conservation and maintenance of the district's
historic character.
(c) Provision of technical assistance
The Secretary may provide technical assistance to assist local
governments in cooperative efforts which complement the values of the
park and the historic district and to help landowners prepare individual
property plans which meet landowner and conservation objectives in the
historic district.
(d) Reimbursement of planning costs
The Secretary, under such terms and conditions as the Secretary may
prescribe and at the request of any local or county government within
the historic district, shall provide matching reimbursements for up to
50 percent of the planning costs incurred by such government in the
development of comprehensive plans and land use guidelines which are
consistent with conserving the historic character of the historic
district. Reimbursements may only be provided under this subsection to
the extent or in such amounts as are provided in appropriation Acts.
(e) Acceptance of easement donations
The Secretary, upon recommendation from the Director of the National
Park Service, in consultation with the Advisory Commission established
under section 430g-8 of this title, is authorized to accept donations of
conservation easements on land located within the historic district.
(f) Federal consistency
(1) Any Federal or federally assisted activity or undertaking in the
historic district, shall be consistent to the maximum extent possible
with the purposes of the preservation of the historic district,
including its rural, agricultural, and town elements, and shall also
comply with the National Historic Preservation Act [16 U.S.C. 470 et
seq.] and other applicable laws.
(2) The head of any Federal agency (hereafter in this subsection
referred to as the ``agency'') having direct or indirect jurisdiction
over a proposed Federal or federally assisted undertaking in the
historic district, and the head of any Federal agency having authority
to license or permit any undertaking in such area, shall at the earliest
feasible date prepare a detailed analysis of any proposed action and
submit it to the Secretary.
(3) The Secretary shall review the analysis and consult with the
agency. If after such review and consultation, the Secretary finds that
the proposed action is not consistent with the purposes identified in
this subsection, the agency shall not proceed with the action until
after a justification for the action has been submitted to the
appropriate committees of Congress with adequate time allowed for
Congressional comment. Such justification shall include the following
elements: the anticipated effects on the historic and commemorative
character of the historic district, the social and economic necessity
for the proposed action, all possible alternatives to the proposed
action, the comparative benefits of proposed alternative actions, and
the mitigation measures outlined in the proposed action.
(Pub. L. 101-377, Sec. 4, Aug. 17, 1990, 104 Stat. 465.)
References in Text
The National Historic Preservation Act, referred to in subsec.
(f)(1), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.) of
chapter 1A of this title. For complete classification of this Act to the
Code, see section 470(a) of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 430g-4, 430g-5, 430g-8,
430g-10 of this title.
