§ 469a-2. — Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land.
[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-2]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 469a-2. Survey by Secretary of the Interior; recovery and
preservation of data; compensation for delays in construction
and for temporary loss of use of land
(a) Survey conducted; preservation of data
The Secretary, upon notification, in writing, by any Federal or
State agency or appropriate historical or archeological authority that
scientific, prehistorical, historical, or archeological data is being or
may be irrevocably lost or destroyed by any Federal or federally
assisted or licensed project, activity, or program, shall, if he
determines that such data is significant and is being or may be
irrevocably lost or destroyed and after reasonable notice to the agency
responsible for funding or licensing such project, activity, or program,
conduct or cause to be conducted a survey and other investigation of the
areas which are or may be affected and recover and preserve such data
(including analysis and publication) which, in his opinion, are not
being, but should be, recovered and preserved in the public interest.
(b) Emergency projects
No survey or recovery work shall be required pursuant to this
section which, in the determination of the head of the responsible
agency, would impede Federal or federally assisted or licensed projects
or activities undertaken in connection with any emergency, including
projects or activities undertaken in anticipation of, or as a result of,
a natural disaster.
(c) Initiation of survey
The Secretary shall initiate the survey or recovery effort within
sixty days after notification to him pursuant to subsection (a) of this
section or within such time as may be agreed upon with the head of the
agency responsible for funding or licensing the project, activity, or
program in all other cases.
(d) Compensation by Secretary
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 nonfederally owned land.
(Pub. L. 86-523, Sec. 4, as added Pub. L. 93-291, Sec. 1(3), May 24,
1974, 88 Stat. 174.)
Prior Provisions
A prior section 4 of Pub. L. 86-523 was renumbered section 7 and is
classified to section 469c 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.
