[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC462]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 462. Administration by Secretary of the Interior; powers
and duties enumerated
The Secretary of the Interior (hereinafter in sections 461 to 467 of
this title referred to as the Secretary), through the National Park
Service, for the purpose of effectuating the policy expressed in section
461 of this title, shall have the following powers and perform the
following duties and functions:
(a) Secure, collate, and preserve drawings, plans, photographs, and
other data of historic and archaeologic sites, buildings, and objects.
(b) Make a survey of historic and archaeologic sites, buildings, and
objects for the purpose of determining which possess exceptional value
as commemorating or illustrating the history of the United States.
(c) Make necessary investigations and researches in the United
States relating to particular sites, buildings, or objects to obtain
true and accurate historical and archaeological facts and information
concerning the same.
(d) For the purpose of sections 461 to 467 of this title, acquire in
the name of the United States by gift, purchase, or otherwise any
property, personal or real, or any interest or estate therein, title to
any real property to be satisfactory to the Secretary: Provided, That no
such property which is owned by any religious or educational
institution, or which is owned or administered for the benefit of the
public shall be so acquired without the consent of the owner: Provided
further, That no such property shall be acquired or contract or
agreement for the acquisition thereof made which will obligate the
general fund of the Treasury for the payment of such property, unless or
until Congress has appropriated money which is available for that
purpose.
(e) Contract and make cooperative agreements with States, municipal
subdivisions, corporations, associations, or individuals, with proper
bond where deemed advisable, to protect, preserve, maintain, or operate
any historic or archaeologic building, site, object, or property used in
connection therewith for public use, regardless as to whether the title
thereto is in the United States: Provided, That no contract or
cooperative agreement shall be made or entered into which will obligate
the general fund of the Treasury unless or until Congress has
appropriated money for such purpose.
(f) Restore, reconstruct, rehabilitate, preserve, and maintain
historic or prehistoric sites, buildings, objects, and properties of
national historical or archaeological significance and where deemed
desirable establish and maintain museums in connection therewith.
(g) Erect and maintain tablets to mark or commemorate historic or
prehistoric places and events of national historical or archaeological
significance.
(h) Operate and manage historic and archaeologic sites, buildings,
and properties acquired under the provisions of sections 461 to 467 of
this title together with lands and subordinate buildings for the benefit
of the public, such authority to include the power to charge reasonable
visitation fees and grant concessions, leases, or permits for the use of
land, building space, roads, or trails when necessary or desirable
either to accommodate the public or to facilitate administration:
Provided, That the Secretary may grant such concessions, leases, or
permits and enter into contracts relating to the same with responsible
persons, firms, or corporations without advertising and without securing
competitive bids.
(i) When the Secretary determines that it would be administratively
burdensome to restore, reconstruct, operate, or maintain any particular
historic or archaeologic site, building, or property donated to the
United States through the National Park Service, he may cause the same
to be done by organizing a corporation for that purpose under the laws
of the District of Columbia or any State.
(j) Develop an educational program and service for the purpose of
making available to the public facts and information pertaining to
American historic and archaeologic sites, buildings, and properties of
national significance. Reasonable charges may be made for the
dissemination of any such facts or information.
(k) Perform any and all acts, and make such rules and regulations
not inconsistent with sections 461 to 467 of this title as may be
necessary and proper to carry out the provisions thereof. Any person
violating any of the rules and regulations authorized by said sections
shall be punished by a fine of not more than $500 and be adjudged to pay
all cost of the proceedings.
(Aug. 21, 1935, ch. 593, Sec. 2, 49 Stat. 666; Pub. L. 89-249, Sec. 8,
Oct. 9, 1965, 79 Stat. 971.)
Amendments
1965--Subsec. (h). Pub. L. 89-249 changed proviso to allow granting
concessions, leases, and permits and entering into contracts with
responsible persons, firms, or corporations without advertising and
without securing competitive bids.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions,
