§ 469a-1. — Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects; notice to Secretary of the Interior; survey; recovery, preservation, and protection of data.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC469a-1]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 469a-1. Threat of irreparable loss or destruction of
significant scientific, prehistorical, historical, or
archeological data by Federal construction projects; notice to
Secretary of the Interior; survey; recovery, preservation, and
protection of data
(a) Notification and request for preservation of data
Whenever any Federal agency finds, or is notified, in writing, by an
appropriate historical or archeological authority, that its activities
in connection with any Federal construction project or federally
licensed project, activity, or program may cause irreparable loss or
destruction of significant scientific, prehistorical, historical, or
archeological data, such agency shall notify the Secretary, in writing,
and shall provide the Secretary with appropriate information concerning
the project, program, or activity. Such agency may request the Secretary
to undertake the recovery, protection, and preservation of such data
(including preliminary survey, or other investigation as needed, and
analysis and publication of the reports resulting from such
investigation), or it may, with funds appropriated for such project,
program, or activity, undertake such activities. Copies of reports of
any investigations made pursuant to this section shall be submitted to
the Secretary, who shall make them available to the public for
inspection and review.
(b) Survey of site; preservation of data; compensation
Whenever any Federal agency provides financial assistance by loan,
grant, or otherwise to any private person, association, or public
entity, the Secretary, if he determines that significant scientific,
prehistorical, historical, or archeological data might be irrevocably
lost or destroyed, may with funds appropriated expressly for this
purpose conduct, with the consent of all persons, associations, or
public entities having a legal interest in the property involved, a
survey of the affected site and undertake the recovery, protection, and
preservation of such data (including analysis and publication). 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 any nonfederally owned lands.
(Pub. L. 86-523, Sec. 3, as added Pub. L. 93-291, Sec. 1(3), May 24,
1974, 88 Stat. 174.)
Prior Provisions
A prior section 3 of Pub. L. 86-523 was renumbered section 6 and is
classified to section 469b 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.
