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54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 308706 | https://www.law.cornell.edu/uscode/text/54/308706#tab_default_1 | 54 U.S. Code § 308706 - Regulations | The Secretary, after consultation with the National Trust , the National Conference of State Historic Preservation Officers , and appropriate members of the maritime heritage community, shall prescribe appropriate guidelines, procedures, and regulations to carry out the chapter, including direct grant and subgrant priorities, the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3243 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 308702 | https://www.law.cornell.edu/uscode/text/54/308702#tab_default_1 | 54 U.S. Code § 308702 - Definitions | In this chapter: (1) National trust.— The term “ National Trust ” means the National Trust for Historic Preservation in the United States established under section 312102 of this title . (2) Private nonprofit organization.— The term “ private nonprofit organization ” means any person that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ) and described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ). (3) Program.— The term “ Program ” means the National Maritime Heritage Grants Program established under section 308703(a) of this title . (4) State historic preservation officer.— The term “ State Historic Preservation Officer ” means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this title by the chief executive official of a State having a State Historic Preservation Program approved by the Secretary under that section. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3237 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 308704 | https://www.law.cornell.edu/uscode/text/54/308704#tab_default_1 | 54 U.S. Code § 308704 - Funding | (a) Availability of Funds From Sale and Scrapping of Obsolete Vessels.— (1) In general.— Notwithstanding any other provision of law, the amount of funds credited in a fiscal year to the Vessel Operations Revolving Fund established by section 50301(a) of title 46 that is attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that are scrapped or sold under section 57102, 57103, or 57104 of title 46 shall be available until expended as follows: (A) Fifty percent shall be available to the Administrator of the Maritime Administration for such acquisition, maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized under other Federal law. (B) Twenty five percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel. (C) The remainder shall be available to the Secretary to carry out the Program , as provided in subsection (b). (2) Applicability.— Paragraph (1) does not apply to amounts credited to the Vessel Operations Revolving Fund before July 1, 1994 . (b) Use of Amounts for Program.— (1) Allocation.— (A) In general.— Except as provided in subparagraph (B) and paragraph (2), of the amounts available each fiscal year for the Program under subsection (a)(1)(C)— (i) 50 percent shall be used for grants under section 308703(b); and (ii) 50 percent shall be used for grants under section 308703(c). (B) Set aside.— (i) In general.— Not less than 25 percent of the amounts available each fiscal year for the Program under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration . (ii) Direct transfers.— The Secretary may provide amounts used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration through direct transfers to the Maritime Administration . (iii) Waiver.— The Maritime Administrator may waive the application of clause (i) for any fiscal year. (2) Administrative expenses.— (A) In general.— Not more than 15 percent or $500,000, whichever is less, of the amount available for the Program under subsection (a)(1)(C) for a fiscal year may be used for expenses of administering the Program . (B) Allocation.— Of the amount available under subparagraph (A) for a fiscal year— (i) one half shall be allocated to the National Trust for expenses incurred in administering grants under section 308703(b) of this title ; and (ii) one half shall be allocated as appropriate by the Secretary to the Service and participating State Historic Preservation Officers . (c) Disposal of Vessels.— (1) Requirement.— The Secretary of Transportation shall dispose (by sale or by purchase of disposal services) of all vessels described in paragraph (2)— (A) in accordance with a priority system for disposing of vessels, as determined by the Secretary, that shall include provisions requiring the Maritime Administration to— (i) dispose of all deteriorated high priority ships that are available for disposal within 12 months of their designation as available for disposal; and (ii) give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain; (B) in the manner that provides the best value to the Federal Government, except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment; and (C) in accordance with the plan of the Department of Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46. (2) Description of vessels.— The vessels referred to in paragraph (1) are the vessels in the National Defense Reserve Fleet after July 1, 1994 , that— (A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and (B) are not specifically authorized or required by statute to be used for a particular purpose. (d) Treatment of Available Amounts.— Amounts available under this section shall not be considered in any determination of the amounts available to the Department of the Interior . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3241 ; Pub. L. 114–328, div. C, title XXXV, § 3507(a) , Dec. 23, 2016 , 130 Stat. 2777 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 308703 | https://www.law.cornell.edu/uscode/text/54/308703#tab_default_1 | 54 U.S. Code § 308703 - National Maritime Heritage Grants Program | (a) Establishment.— There is established in the Department of the Interior the National Maritime Heritage Grants Program, to foster in the American public a greater awareness and appreciation of the role of maritime endeavors in our Nation’s history and culture. The Program shall consist of— (1) annual grants to the National Trust for subgrants administered by the National Trust for maritime heritage education projects under subsection (b); and (2) grants to State Historic Preservation Officers for maritime heritage preservation projects carried out or administered by those Officers under subsection (c). (b) Grants for Maritime Heritage Education Projects.— (1) Grants to national trust.— The Secretary, subject to paragraph (2), and the availability of amounts for that purpose under section 308704(b)(1)(A) of this title , shall make an annual grant to the National Trust for maritime heritage education projects. (2) Use of grants.— Amounts received by the National Trust as an annual grant under this subsection shall be used to make subgrants to State and local governments and private nonprofit organizations to carry out education projects that have been approved by the Secretary under subsection (f) and that consist of— (A) assistance to any maritime museum or historical society for— (i) existing and new educational programs , exhibits, educational activities, conservation, and interpretation of artifacts and collections; (ii) minor improvements to educational and museum facilities; and (iii) other similar activities; (B) activities designed to encourage the preservation of traditional maritime skills, including— (i) building and operation of vessels of all sizes and types for educational purposes; (ii) special skills such as wood carving, sail making, and rigging; (iii) traditional maritime art forms; and (iv) sail training; (C) other educational activities relating to historic maritime resources, including— (i) maritime educational waterborne-experience programs in historic vessels or vessel reproductions; (ii) maritime archeological field schools; and (iii) educational programs on other aspects of maritime history; (D) heritage programs focusing on maritime historic resources, including maritime heritage trails and corridors; or (E) the construction and use of reproductions of historic maritime resources for educational purposes, if a historic maritime resource no longer exists or would be damaged or consumed through direct use. (c) Grants for Maritime Heritage Preservation Projects.— (1) Grants to state historic preservation officers.— The Secretary, acting through the National Maritime Initiative of the Service and subject to paragraph (2), and the availability of amounts for that purpose under section 308704(b)(1)(A) of this title , shall make grants to State Historic Preservation Officers for maritime heritage preservation projects. (2) Use of grants.— Amounts received by a State Historic Preservation Officer as a grant under this subsection shall be used by the Officer to carry out, or to make subgrants to local governments and private nonprofit organizations to carry out, projects that have been approved by the Secretary under subsection (f) for the preservation of historic maritime resources through— (A) identification of historic maritime resources, including underwater archeological sites; (B) acquisition of historic maritime resources for the purposes of preservation; (C) repair, restoration, stabilization, maintenance, or other capital improvements to historic maritime resources, in accordance with standards prescribed by the Secretary; and (D) research, recording (through drawings, photographs, or otherwise), planning (through feasibility studies, architectural and engineering services, or otherwise), and other services carried out as part of a preservation program for historic maritime resources. (d) Criteria for Direct Grant and Subgrant Eligibility.— To qualify for a subgrant from the National Trust under subsection (b), or a direct grant to or a subgrant from a State Historic Preservation Officer under subsection (c), a person shall— (1) demonstrate that the project for which the direct grant or subgrant will be used has the potential for reaching a broad audience with an effective educational program based on American maritime history, technology, or the role of maritime endeavors in American culture; (2) match the amount of the direct grant or subgrant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or donated services fairly valued as determined by the Secretary; (3) maintain records as may be reasonably necessary to fully disclose— (A) the amount and the disposition of the proceeds of the direct grant or subgrant; (B) the total cost of the project for which the direct grant or subgrant is made; and (C) other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; (4) provide access to the Secretary for the purposes of any required audit and examination of any records of the person; and (5) be a unit of State or local government, or a private nonprofit organization . (e) Procedures, Terms, and Conditions.— (1) Application procedures.— An application for a subgrant under subsection (b), or a direct grant or subgrant under subsection (c), shall be submitted under procedures prescribed by the Secretary. (2) Terms and conditions.— A person may not receive a subgrant under subsection (b), or a direct grant or subgrant under subsection (c), unless the person agrees to assume, after completion of the project for which the direct grant or subgrant is awarded, the total cost of the continued maintenance, repair, and administration of any property for which the subgrant will be used in a manner satisfactory to the Secretary. (f) Allocation of, and Limitation on, Grant Funding.— (1) Allocation.— To the extent feasible, the Secretary shall ensure that the amount made available under subsection (b) for maritime heritage education projects is equal to the amount made available under subsection (c) for maritime heritage preservation projects. (2) Limitation.— The amount provided by the Secretary in a fiscal year as grants under this section for projects relating to historic maritime resources owned or operated by the Federal Government shall not exceed 40 percent of the total amount available for the fiscal year for grants under this section. (g) Publication of Direct Grant and Subgrant Information.— The Secretary shall publish annually in the Federal Register and otherwise as the Secretary considers appropriate— (1) a solicitation of applications for direct grants and subgrants under this section; (2) a list of priorities for the making of those direct grants and subgrants; (3) a single deadline for the submission of applications for those direct grants and subgrants; and (4) other relevant information. (h) Direct Grant and Subgrant Administration.— (1) Responsibility.— (A) National trust.— The National Trust is responsible for administering subgrants for maritime heritage education projects under subsection (b). (B) Secretary.— The Secretary is responsible for administering direct grants for maritime heritage preservation projects under subsection (c). (C) State historic preservation officers.— State Historic Preservation Officers are responsible for administering subgrants for maritime heritage preservation projects under subsection (c). (2) Actions.— The appropriate responsible party under paragraph (1) shall administer direct grants or subgrants by— (A) publicizing the Program to prospective grantees, subgrantees, and the public at large, in cooperation with the Service, the Maritime Administration , and other appropriate government agencies and private institutions; (B) answering inquiries from the public, including providing information on the Program as requested; (C) distributing direct grant and subgrant applications; (D) receiving direct grant and subgrant applications and ensuring their completeness; (E) keeping records of all direct grant and subgrant awards and expenditures of funds; (F) monitoring progress of projects carried out with direct grants and subgrants; and (G) providing to the Secretary such progress reports as may be required by the Secretary. (i) Assistance of Maritime Preservation Organizations.— The Secretary, the National Trust , and the State Historic Preservation Officers may, individually or jointly, enter into cooperative agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues, or other qualified maritime preservation organizations, to assist in the administration of the Program. (j) Report to Congress.— The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Energy and Natural Resources of the Senate , the Committee on Natural Resources of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the Program, including— (1) the total number of grant applications submitted and approved under the Program in the period covered by the report; (2) a detailed description of each project funded under the Program in the period covered by the report; (3) the results or accomplishments of each such project; and (4) recommended priorities for achieving the policy set forth in section 308701 of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3238 ; Pub. L. 114–328, div. C, title XXXV, § 3507(b) , (c), Dec. 23, 2016 , 130 Stat. 2778 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 308701 | https://www.law.cornell.edu/uscode/text/54/308701#tab_default_1 | 54 U.S. Code § 308701 - Policy | It shall be the policy of the Federal Government, in partnership with the States and local governments and private organizations and individuals, to— (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony; (2) provide leadership in the preservation of the historic maritime resources of the United States; (3) contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; and (4) assist State and local governments to expand their maritime historic preservation programs and activities. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3237 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200510 | https://www.law.cornell.edu/uscode/text/54/200510#tab_default_1 | 54 U.S. Code § 200510 - Inapplicability of matching provisions | Amounts authorized for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands are not subject to the matching provisions of this chapter, and may be subject only to such conditions, reports, plans, and agreements, if any, as the Secretary may determine. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3186 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200511 | https://www.law.cornell.edu/uscode/text/54/200511#tab_default_1 | 54 U.S. Code § 200511 - Funding limitations | (a) Limitation of Funds.— The amount of grants made under this chapter for projects in any one State for any fiscal year shall not be more than 15 percent of the amount made available for grants to all of the States for that fiscal year. (b) Recovery Action Program Grants.— Not more than 3 percent of the amount made available for grants under this chapter for a fiscal year shall be used for recovery action program grants . (c) Innovation Grants.— Not more than 10 percent of the amount made available for grants under this chapter for a fiscal year shall be used for innovation grants . (d) Program Support.— Not more than 25 percent of the amount made available under this chapter to any local government shall be used for program support. (e) No Land Acquisition.— No funds made available under this chapter shall be used for the acquisition of land or an interest in land. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3187 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200509 | https://www.law.cornell.edu/uscode/text/54/200509#tab_default_1 | 54 U.S. Code § 200509 - Recordkeeping | (a) In General.— A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including— (1) records that disclose— (A) the amount and disposition of project undertakings in connection with which assistance under this chapter is given or used; and (B) the amount and nature of the portion of the cost of the project or undertaking that is supplied by other sources; and (2) such other records as will facilitate an effective audit. (b) Access.— The Secretary and the Comptroller General shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3186 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200508 | https://www.law.cornell.edu/uscode/text/54/200508#tab_default_1 | 54 U.S. Code § 200508 - Coordination of program | The Secretary shall— (1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other Federal agencies and with State agencies that administer programs and policies affecting urban areas, including programs in housing, urban development, natural resources management, employment, transportation, community services, and voluntary action; (2) encourage maximum coordination of the program between State agencies and local applicants; and (3) require that local applicants include provisions for participation of community and neighborhood residents and for public-private coordination in recovery planning and project selection. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3186 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200507 | https://www.law.cornell.edu/uscode/text/54/200507#tab_default_1 | 54 U.S. Code § 200507 - Conversion of recreation property | No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord with the then-current local park and recreation recovery action program and only on such conditions as the Secretary considers necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3186 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200506 | https://www.law.cornell.edu/uscode/text/54/200506#tab_default_1 | 54 U.S. Code § 200506 - Non-Federal share of project costs | (a) Sources.— (1) Allowable sources.— The non-Federal share of project costs assisted under this chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part of the local match only when the local government has not received a recovery action program grant. (2) Non-allowable sources.— No amount from the Land and Water Conservation Fund or from any other Federal grant program other than the community development block grant programs shall be used to match Federal grants under this program. (b) Encouragement of States and Private Interests.— The Secretary shall encourage States and private interests to contribute, to the maximum extent possible, to the non-Federal share of project costs. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3185 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200505 | https://www.law.cornell.edu/uscode/text/54/200505#tab_default_1 | 54 U.S. Code § 200505 - State action | (a) Additional Match.— The Secretary may increase rehabilitation grants or innovation grants authorized in section 200503 of this title by providing an additional match equal to the total match provided by a State of up to 15 percent of total project costs. The Federal matching amount shall not exceed 85 percent of total project cost. (b) Adequate Implementation of Local Recovery Plans.— The Secretary shall encourage States to assist the Secretary in ensuring— (1) that local recovery plans and programs are adequately implemented by cooperating with the Secretary in monitoring local park and recreation recovery plans and programs; and (2) consistency of the plans and programs, where appropriate, with State recreation policies as set forth in statewide comprehensive outdoor recreation plans. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3185 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200504 | https://www.law.cornell.edu/uscode/text/54/200504#tab_default_1 | 54 U.S. Code § 200504 - Recovery action programs | (a) Evidence of Local Commitment to Ongoing Programs.— As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, rehabilitation, service, operation, and maintenance programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources, including other federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local government submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program development process. Following this interim period, all local applicants shall submit to the Secretary, as a condition of eligibility, a 5-year action program for park and recreation recovery that satisfactorily demonstrates— (1) systematic identification of recovery objectives, priorities, and implementation strategies; (2) adequate planning for rehabilitation of specific recreation areas and facilities, including projections of the cost of proposed projects; (3) the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately maintained, protected, staffed, and supervised; (4) the intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding that in which grant assistance is sought except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the applicant; and (5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts. (b) Continuing Planning Process.— Where appropriate, the Secretary may encourage local governments to meet action program requirements through a continuing planning process that includes periodic improvements and updates in action program submissions to eliminate identified gaps in program information and policy development. (c) Special Considerations.— Action programs shall address, but are not limited to— (1) rehabilitation of existing recreational areas and facilities, including— (A) general systemwide renovation; (B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and (C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural significance; and (2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including— (A) recycling of abandoned schools and other public buildings for recreational purposes; (B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis; (C) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents; (D) integration of recovery program with federally assisted projects to maximize recreational opportunities through conversion of abandoned railroad and highway rights of way, waterfront, and other redevelopment efforts and such other federally assisted projects as may be appropriate; (E) conversion of recreation use of street space, derelict land, and other public land not now designated for neighborhood recreational use; and (F) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs. (d) Publication in Federal Register.— The Secretary shall establish and publish in the Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs. (e) Eligibility for At-Risk Youth Recreation Grants.— To be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal. The plan shall also address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement, juvenile corrections, and youth social service agencies. (f) Matching Recovery Action Program Grants.— The Secretary may provide up to 50 percent matching recovery action program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3183 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200503 | https://www.law.cornell.edu/uscode/text/54/200503#tab_default_1 | 54 U.S. Code § 200503 - Rehabilitation grants and innovation grants | (a) Matching Grants.— The Secretary may provide 70 percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the Secretary’s approval of applications for the grants by the chief executive officials of those governments. (b) Special Considerations.— An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action programs, with particular regard to the special considerations listed in section 200504(c)(2) of this title . (c) Transfer.— If consistent with an approved application, a grant recipient may transfer a rehabilitation grant or innovation grant in whole or in part to an independent special purpose local government , private nonprofit agency, or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree [1] offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient. (d) Payments.— Payments may be made only for a rehabilitation project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project, except that the Secretary, when appropriate, may make advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total project cost. (e) Modification of Project.— The Secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3183 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200502 | https://www.law.cornell.edu/uscode/text/54/200502#tab_default_1 | 54 U.S. Code § 200502 - Federal assistance | (a) Eligibility Determined by Secretary.— Eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to participate in this program, to be accompanied by a discussion of criteria used in determining eligibility. Criteria shall be based on factors that the Secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress. (b) Additional Eligible General Purpose Local Governments.— In addition to eligible local governments established in accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and purpose of the Urban Park and Recreation Recovery Act of 1978 ( Public Law 95–625 , 92 Stat. 3538 ), of other general purpose local governments in metropolitan statistical areas as defined by the Director of the Office of Management and Budget . (c) Priority Criteria for Project Selection and Approval.— (1) In general.— The Secretary shall establish priority criteria for project selection and approval that consider such factors as— (A) population; (B) condition of existing recreation areas and facilities; (C) demonstrated deficiencies in access to neighborhood recreation opportunities, particularly for minority and low- and moderate-income residents; (D) public participation in determining rehabilitation or development needs; (E) the extent to which a project supports or complements target activities undertaken as part of a local government’s overall community development and urban revitalization program; (F) the extent to which a proposed project would provide— (i) employment opportunities for minorities, youth, and low- and moderate-income residents in the project neighborhood; (ii) for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation activity or in subsequent maintenance , staffing, or supervision of recreation areas and facilities; or (iii) both; and (G) the amount of State and private support for a project as evidenced by commitments of non-Federal resources to project construction or operation. (2) At-risk youth recreation grants.— For at-risk youth recreation grants , the Secretary shall give a priority to each of the following criteria: (A) Programs that are targeted to youth who are at the greatest risk of becoming involved in violence and crime. (B) Programs that teach important values and life skills, including teamwork, respect, leadership, and self-esteem. (C) Programs that offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities. (D) Programs that offer services during late night or other nonschool hours. (E) Programs that demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations. (F) Programs that leverage public or private recreation investments in the form of services, materials, or cash. (G) Programs that show the greatest potential of being continued with non-Federal funds or that can serve as models for other communities. (d) Limitation of Funds.— Grants to discretionary applicants under subsection (b) may not be more than 15 percent of the total amount of funds appropriated under this chapter for rehabilitation grants , innovation grants, and recovery action program grants . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3181 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 200501 | https://www.law.cornell.edu/uscode/text/54/200501#tab_default_1 | 54 U.S. Code § 200501 - Definitions | In this chapter: (1) At-risk youth recreation grant.— (A) In general.— The term “ at-risk youth recreation grant ” means a grant in a neighborhood or community with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders. (B) Inclusions.— The term “ at-risk youth recreation grant ” includes— (i) a rehabilitation grant ; (ii) an innovation grant ; and (iii) a matching grant for continuing program support for a program of demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, including a grant for operating, or coordinating, a recreation program or service. (C) Additional uses of rehabilitation grant.— In addition to the purposes specified in paragraph (8), a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, emergency phones, or any other capital improvement that will improve the security of an urban park. (2) General purpose local government.— The term “ general purpose local government ” means— (A) a city, county, town, township, village, or other general purpose political subdivision of a State ; and (B) the District of Columbia. (3) Innovation grant.— The term “ innovation grant ” means a matching grant to a local government to cover costs of personnel, facilities, equipment, supplies, or services designed to demonstrate innovative and cost-effective ways to augment park and recreation opportunities at the neighborhood level and to address common problems related to facility operations and improved delivery of recreation service, not including routine operation and maintenance activities. (4) Maintenance.— The term “ maintenance ” means all commonly accepted practices necessary to keep recreation areas and facilities operating in a state of good repair and to protect them from deterioration resulting from normal wear and tear. (5) Private, nonprofit agency.— The term “ private, nonprofit agency ” means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or public or private grants. (6) Recovery action program grant.— (A) In general.— The term “ recovery action program grant ” means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter. (B) Use.— A recovery action program grant shall be used for resource and needs assessment, coordination, citizen involvement and planning, and program development activities to— (i) encourage public definition of goals; and (ii) develop priorities and strategies for overall recreation system recovery. (7) Recreation area or facility.— The term “ recreation area or facility ” means an indoor or outdoor park, building, site, or other facility that is dedicated to recreation purposes and administered by a public or private nonprofit agency to serve the recreation needs of community residents. Emphasis shall be on public facilities readily accessible to residential neighborhoods, including multiple-use community centers that have recreation as one of their primary purposes, but excluding major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities. (8) Rehabilitation grant.— The term “ rehabilitation grant ” means a matching capital grant to a local government for rebuilding, remodeling, expanding, or developing an existing outdoor or indoor recreation area or facility , including improvements in park landscapes, buildings, and support facilities, but excluding routine maintenance and upkeep activities. (9) Special purpose local government.— (A) In general.— The term “ special purpose local government ” means a local or regional special district, public-purpose corporation, or other limited political subdivision of a State. (B) Inclusions.— The term “ special purpose local government ” includes— (i) a park authority; (ii) a park, conservation, water, or sanitary district; and (iii) a school district. (10) State.— The term “ State ” means a State , an instrumentality of a State approved by the Governor of the State , Puerto Rico , Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3180 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 101523 | https://www.law.cornell.edu/uscode/text/54/101523#tab_default_1 | 54 U.S. Code § 101523 - Procedures applicable to transportation plans and projects | (a) During Formulation of Plan.— The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 101521 of this title — (1) give public notice of intention to formulate the plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected System unit; and (2) following the notice, hold a public meeting at a location convenient to the affected System unit. (b) Prior to Implementation of Project.— Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a), the Secretary shall— (1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and (2) when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, submit a detailed report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives . (c) Waiting Period.— When a report on a project is required under subsection (b)(2), the Secretary may proceed with the implementation of the project only after 60 days (not counting days on which the Senate or House of Representatives has adjourned for more than 3 consecutive days) have elapsed following submission of the report. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3133 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 101522 | https://www.law.cornell.edu/uscode/text/54/101522#tab_default_1 | 54 U.S. Code § 101522 - Transportation projects | (a) Assistance of Heads of Other Federal Departments and Agencies in Formulation and Implementation.— To carry out this subchapter, the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Commerce , and the heads of other Federal departments or agencies that the Secretary considers necessary shall assist the Secretary in the formulation and implementation of transportation projects. (b) Compilation of Statutes and Programs.— The Secretary shall maintain a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects that might be utilized by the Secretary to carry out this subchapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3133 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 101521 | https://www.law.cornell.edu/uscode/text/54/101521#tab_default_1 | 54 U.S. Code § 101521 - Transportation service and facility programs | (a) Formulation of Plans and Implementation of Projects.— The Secretary may formulate transportation plans and implement transportation projects where feasible pursuant to those plans for System units. (b) Contracts, Operations, and Acquisitions for Improvement of Access to System Units.— (1) Authority of secretary.— To carry out subsection (a), the Secretary may— (A) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units; (B) operate those services directly in the absence of suitable and adequate agencies or carriers; (C) acquire, by purchase, lease, or agreement, capital equipment for those services; and (D) where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit. (2) Specific provisions related to property acquisition.— (A) Administration.— The acquired property shall be administered as part of the System unit. (B) Acquistion [1] of land or interests in land owned by state or political subdivision.— Any land or interests in land owned by a State or any of its political subdivisions may be acquired only by donation. (C) Acquisition subject to statutory limitations.— Any land acquisition shall be subject to any statutory limitations on methods of acquisition and appropriations as may be specifically applicable to the area. (c) Establishment of Information Programs.— The Secretary shall establish information programs to inform the public of available System unit access opportunities and to promote the use of transportation modes other than personal motor vehicles for access to and travel within the System units. (d) Undertaking Transportation Facilities and Services.— Transportation facilities and services provided pursuant to this subchapter may be undertaken by the Secretary directly or by contract without regard to any requirement of Federal, State, or local law respecting determinations of public convenience and necessity or other similar matters. The Secretary or contractor shall consult with the appropriate State or local public service commission or other body having authority to issue certificates of convenience and necessity. A contractor shall be subject to applicable requirements of that body unless the Secretary determines that the requirements would not be consistent with the purposes and provisions of this subchapter. (e) Construction of Grant of Authority Respecting Operation of Motor Vehicles Excepted From Statutory Coverage.— No grant of authority in this subchapter shall be deemed to expand the exemption of section 13506(a)(9) of title 49 . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3132 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100737 | https://www.law.cornell.edu/uscode/text/54/100737#tab_default_1 | 54 U.S. Code § 100737 - Financial disclosure by officer or employee of Secretary | (a) Written Statements.— Each officer or employee of the Secretary who— (1) performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act ( Public Law 94–429 , 90 Stat. 1342 ) concerning the regulation of mining in the System; and (2) has any known financial interest— (A) in any person subject to this subchapter or any Act amended by the Mining in the Parks Act ( Public Law 94–429 , 90 Stat. 1342 ); or (B) in any person who holds a mining claim within the boundary of any System unit; shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public. (b) Monitoring and Enforcement Procedures.— The Secretary shall— (1) define the term “known financial interest” for purposes of subsection (a); (2) establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and (3) submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year. (c) Exemptions.— In the rules prescribed under subsection (b), the Secretary may identify specific positions within the Department of the Interior that are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section. (d) Criminal Penalties.— Criminal penalties for a violation of this section are provided by section 1865 of title 18 . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3110 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100736 | https://www.law.cornell.edu/uscode/text/54/100736#tab_default_1 | 54 U.S. Code § 100736 - Acquisition of land by Secretary | Nothing in this subchapter shall be construed to limit the authority of the Secretary to acquire land and interests in land within the boundary of any System unit. The Secretary shall give prompt and careful consideration to any offer made by the owner of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus National Monument, or Mount McKinley National Park to sell the right or other property if the owner notifies the Secretary that the continued ownership of the right or property is causing, or would result in, undue hardship. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3110 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100735 | https://www.law.cornell.edu/uscode/text/54/100735#tab_default_1 | 54 U.S. Code § 100735 - Civil actions for just compensation by mining claim holders | The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a civil action in United States district court to recover just compensation, which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the Constitution. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3110 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100734 | https://www.law.cornell.edu/uscode/text/54/100734#tab_default_1 | 54 U.S. Code § 100734 - Report on finding or notification of potential damage to natural and historical landmarks | When the Secretary finds on the Secretary’s own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or object that has been found to be nationally significant in illustrating natural history or the history of the United States and that has been designated as a natural or historic landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, the Secretary shall notify the person conducting the activity and submit a report on the findings or notification, including the basis for the Secretary’s finding that the activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate the activity. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3109 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100733 | https://www.law.cornell.edu/uscode/text/54/100733#tab_default_1 | 54 U.S. Code § 100733 - Recordation of mining claims; publication of notice | All mining claims under the Mining Law of 1872 ( 30 U.S.C. chapter 2 , sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976 , that were not recorded with the Secretary within one year after September 28, 1976 , shall be conclusively presumed to be abandoned and shall be void. The recordation does not render valid any claim that was not valid on September 28, 1976 , or that becomes invalid after that date. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3109 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100732 | https://www.law.cornell.edu/uscode/text/54/100732#tab_default_1 | 54 U.S. Code § 100732 - Preservation and management of System units by Secretary; promulgation of regulations | To preserve for the benefit of present and future generations the pristine beauty of System units, and to further the purposes of section 100101(a), chapter 1003, and sections 100751(a) , 100752 , 100753 , and 102101 of this title and the individual organic Acts for the System units, all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any System unit shall be subject to such regulations prescribed by the Secretary as the Secretary considers necessary or desirable for the preservation and management of the System units. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3109 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 100731 | https://www.law.cornell.edu/uscode/text/54/100731#tab_default_1 | 54 U.S. Code § 100731 - Findings and declaration | Congress finds and declares that— (1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for which the System units were established; and (2) all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3109 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305306 | https://www.law.cornell.edu/uscode/text/54/305306#tab_default_1 | 54 U.S. Code § 305306 - Service preservation centers and offices | To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and offices within the Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3222 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305305 | https://www.law.cornell.edu/uscode/text/54/305305#tab_default_1 | 54 U.S. Code § 305305 - General provisions | (a) Acceptance of Grants and Transfers.— The Center may accept— (1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and (2) transfers of funds from other Federal agencies. (b) Contracts and Cooperative Agreements.— Subject to appropriations, the Center may enter into contracts and cooperative agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities to carry out the Center ’s responsibilities under this chapter. (c) Additional Funds.— Funds appropriated for the Center shall be in addition to funds appropriated for Service programs, centers , and offices in existence on October 30, 1992 . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3222 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305304 | https://www.law.cornell.edu/uscode/text/54/305304#tab_default_1 | 54 U.S. Code § 305304 - Preservation grants | (a) In General.— The Secretary, in consultation with the Board , shall provide preservation technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the Center , in order to ensure an effective and efficient system of research, information distribution, and skills training in all the related historic preservation fields. (b) Grant Requirements.— (1) Allocation.— Grants provided under this section shall be allocated in such a fashion as to reflect the diversity of the historic preservation fields and shall be geographically distributed. (2) Limit on amount a recipient may receive.— No grant recipient may receive more than 10 percent of the grants allocated under this section within any year. (3) Limit on administrative costs.— The total administrative costs, direct and indirect, charged for carrying out grants under this section may not exceed 25 percent of the aggregate costs. (c) Eligible Applicants.— Eligible applicants may include— (1) Federal and non-Federal laboratories; (2) accredited museums; (3) universities; (4) nonprofit organizations; (5) System units and offices and Cooperative Park Study Units of the System; (6) State Historic Preservation Offices; (7) tribal preservation offices; and (8) Native Hawaiian organizations. (d) Standards and Methods.— Grants shall be awarded in accordance with accepted professional standards and methods, including peer review of projects. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3222 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305303 | https://www.law.cornell.edu/uscode/text/54/305303#tab_default_1 | 54 U.S. Code § 305303 - Preservation Technology and Training Board | (a) Establishment.— There is established a Preservation Technology and Training Board . (b) Duties.— The Board shall— (1) provide leadership, policy advice, and professional oversight to the Center ; (2) advise the Secretary on priorities and the allocation of grants among the activities of the Center ; and (3) submit an annual report to the President and Congress . (c) Membership.— The Board shall be comprised of— (1) the Secretary; (2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and (3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications, who represent major organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3221 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305302 | https://www.law.cornell.edu/uscode/text/54/305302#tab_default_1 | 54 U.S. Code § 305302 - National Center for Preservation Technology and Training | (a) Establishment.— There is established within the Department of the Interior a National Center for Preservation Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana. (b) Purposes.— The purposes of the Center shall be to— (1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of historic property; (2) develop and facilitate training for Federal, State, and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field; (3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions; (4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and (5) cooperate with related international organizations including the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums. (c) Programs.— The purposes shall be carried out through research, professional training, technical assistance, and programs for public awareness, and through a program of grants established under section 305304 of this title . (d) Executive Director.— The Center shall be headed by an Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board. (e) Assistance From Secretary.— The Secretary shall provide the Center assistance in obtaining such personnel, equipment, and facilities as may be needed by the Center to carry out its activities. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3221 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305301 | https://www.law.cornell.edu/uscode/text/54/305301#tab_default_1 | 54 U.S. Code § 305301 - Definitions | In this chapter: (1) Board.— The term “ Board ” means the Preservation Technology and Training Board established pursuant to section 305303 of this title . (2) Center.— The term “ Center ” means the National Center for Preservation Technology and Training established pursuant to section 305302 of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3220 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305106 | https://www.law.cornell.edu/uscode/text/54/305106#tab_default_1 | 54 U.S. Code § 305106 - Historic light station sales | (a) In General.— (1) When sale may occur.— If no applicant is approved for the conveyance of a historic light station pursuant to sections 305101 through 305105 of this title, the historic light station shall be offered for sale. (2) Terms of sale.— Terms of the sales— (A) shall be developed by the Administrator ; and (B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title . (3) Covenants to be included in conveyance documents.— Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any Federal aid to navigation located at the historic light station is operated and maintained by the United States for as long as needed for that purpose. (b) Net Sale Proceeds.— (1) Disposition and use of funds.— Net sale proceeds from the disposal of a historic light station — (A) located on public domain land shall be transferred to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the Interior ; and (B) under the administrative control of the Secretary of Homeland Security — (i) shall be credited to the Coast Guard ’s Operating Expenses appropriation account; and (ii) shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Secretary of Homeland Security . (2) Availability of funds.— The funds referred to in paragraph (1)(B) shall remain available until expended and shall be available in addition to funds available in the Coast Guard ’s Operating Expense appropriation for that purpose. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3220 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305101 | https://www.law.cornell.edu/uscode/text/54/305101#tab_default_1 | 54 U.S. Code § 305101 - Definitions | In this chapter: (1) Administrator.— The term “ Administrator ” means the Administrator of General Services. (2) Eligible entity.— The term “ eligible entity ” means— (A) any department or agency of the Federal Government; or (B) any department or agency of the State in which a historic light station is located, the local government of the community in which a historic light station is located, a nonprofit corporation, an educational agency, or a community development organization that— (i) has agreed to comply with the conditions set forth in section 305104 of this title and to have the conditions recorded with the deed of title to the historic light station; and (ii) is financially able to maintain the historic light station in accordance with the conditions set forth in section 305104 of this title . (3) Federal aid to navigation.— (A) In general.— The term “ Federal aid to navigation ” means any device, operated and maintained by the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation. (B) Inclusions.— The term “ Federal aid to navigation ” includes a light, lens, lantern, antenna, sound signal, camera, sensor, piece of electronic navigation equipment, power source, or other piece of equipment associated with a device described in subparagraph (A). (4) Historic light station.— The term “ historic light station ” includes the light tower, lighthouse, keeper’s dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated with a historic light station that is a historic property. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3215 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305105 | https://www.law.cornell.edu/uscode/text/54/305105#tab_default_1 | 54 U.S. Code § 305105 - Description of property | (a) In General.— The Administrator shall prepare the legal description of any historic light station conveyed under this chapter. The Administrator, in consultation with the Secretary of Homeland Security and the Secretary, may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the historic light station at the time of conveyance. Wherever possible, the historical artifacts should be used in interpreting the historic light station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the historic light station, if they meet loan requirements. (b) Artifacts.— Artifacts associated with, but not located at, a historic light station at the time of conveyance shall remain the property of the United States under the administrative control of the Secretary of Homeland Security . (c) Covenants.— All conditions placed with the quitclaim deed of title to the historic light station shall be construed as covenants running with the land. (d) Submerged Land.— No submerged land shall be conveyed under this chapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3219 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305104 | https://www.law.cornell.edu/uscode/text/54/305104#tab_default_1 | 54 U.S. Code § 305104 - Terms of conveyance | (a) In General.— The conveyance of a historic light station shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United States, that the Administrator considers necessary to ensure that— (1) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes; (2) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes; (3) the eligible entity to which the historic light station is conveyed shall not interfere or allow interference in any manner with any Federal aid to navigation or hinder activities required for the operation and maintenance of any Federal aid to navigation without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation ; (4) (A) the eligible entity to which the historic light station is conveyed shall, at its own cost and expense, use and maintain the historic light station in accordance with this division, the Secretary of the Interior’s Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; and (B) any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with section 800.5 (a)(2)(vii) of title 36, Code of Federal Regulations and the Secretary’s Standards for Rehabilitation contained in section 67.7 of title 36, Code of Federal Regulations; (5) the eligible entity to which the historic light station is conveyed shall make the historic light station available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions; (6) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station , any part of the historic light station , or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, unless the sale, conveyance, assignment, exchange, or encumbrance is approved by the Secretary; (7) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station , at any part of the historic light station , or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless the commercial activity is approved by the Secretary; and (8) the United States shall have the right, at any time, to enter the historic light station without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this section, to the extent that it is not possible to provide advance notice. (b) Maintenance of Aid to Navigation.— Any eligible entity to which a historic light station is conveyed shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aid to navigation permitted to the eligible entity under section 83 [1] of title 14. (c) Reversion.— In addition to any term or condition established pursuant to this section, the conveyance of a historic light station shall include a condition that the historic light station , or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if— (1) the historic light station , any part of the historic light station , or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions that shall be set forth in the eligible entity’ s application; (2) the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation ; (3) the historic light station , any part of the historic light station , or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the Interior’s Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; (4) the eligible entity to which the historic light station is conveyed sells, conveys, assigns, exchanges, or encumbers the historic light station , any part of the historic light fixture, or any associated historic artifact, without approval of the Secretary; (5) the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station , at any part of the historic light station , or in conjunction with any associated historic artifact, without approval of the Secretary; or (6) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part of the historic light station is needed for national security purposes. (d) Light Stations Originally Conveyed Under Other Authority.— On receiving notice of an executed or intended conveyance by an owner that received from the Federal Government under authority other than this division a historic light station in which the United States retains a reversionary or other interest and that is conveying it to another person by sale, gift, or any other manner, the Secretary shall review the terms of the executed or proposed conveyance to ensure that any new owner is capable of or is complying with any and all conditions of the original conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide information as is necessary to complete the review. If the Secretary determines that the new owner has not complied or is unable to comply with those conditions, the Secretary shall immediately advise the Administrator, who shall invoke any reversionary interest or take other action as may be necessary to protect the interests of the United States. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3217 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305103 | https://www.law.cornell.edu/uscode/text/54/305103#tab_default_1 | 54 U.S. Code § 305103 - Selection of eligible entity and conveyance of historic light stations | (a) Process and Policies.— The Secretary and the Administrator shall maintain a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use of the light station by the eligible entity. (b) Application Review.— (1) In general.— The Secretary shall— (A) review all applications for the conveyance of a historic light station , when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property (as that term is defined in section 102 of title 40 ); and (B) forward to the Administrator a single approved application for the conveyance of the historic light station . (2) Consultation.— When selecting an eligible entity , the Secretary shall consult with the State Historic Preservation Officer of the State in which the historic light station is located. (c) Conveyance or Sale of Historic Light Stations.— (1) Conveyance by administrator.— Except as provided in paragraph (2), after the Secretary’s selection of an eligible entity , the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to a historic light station , subject to the conditions set forth in section 305104 of this title . The conveyance of a historic light station under this chapter shall not be subject to the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 , 14 U.S.C. 93 note). [1] (2) Historic light station located within a system unit or a refuge within national wildlife refuge system.— (A) Approval of secretary required.— A historic light station located within the exterior boundaries of a System unit or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary. (B) Conditions of conveyance.— If the Secretary approves the conveyance of a historic light station described in subparagraph (A), the conveyance shall be subject to the conditions set forth in section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge. (C) Conditions of sale.— If the Secretary approves the sale of a historic light station described in subparagraph (A), the sale shall be subject to the conditions set forth in paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge. (D) Cooperative agreements.— The Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities with respect to historic light stations described in subparagraph (A), as provided in this division, to the extent that the cooperative agreements are consistent with the Secretary’s responsibilities to manage and administer the System unit or wildlife refuge. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3216 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305102 | https://www.law.cornell.edu/uscode/text/54/305102#tab_default_1 | 54 U.S. Code § 305102 - Duties of Secretary in providing a national historic light station program | To provide a national historic light station program, the Secretary shall— (1) collect and disseminate information concerning historic light stations ; (2) foster educational programs relating to the history, practice, and contribution to society of historic light stations ; (3) sponsor or conduct research and study into the history of light stations; (4) maintain a listing of historic light stations ; and (5) assess the effectiveness of the program established by this chapter regarding the conveyance of historic light stations . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3216 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307102 | https://www.law.cornell.edu/uscode/text/54/307102#tab_default_1 | 54 U.S. Code § 307102 - Effective date of regulations | (a) Publication in Federal Register.— No final regulation of the Secretary shall become effective prior to the expiration of 30 calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session. (b) Disapproval of Regulation by Resolution of Congress.— The regulation shall not become effective if, within 90 calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: “That Congress disapproves the regulation promulgated by the Secretary dealing with the matter of , which regulation was transmitted to Congress on ,” the blank spaces in the resolution being appropriately filled. (c) Failure of Congress To Adopt Resolution of Disapproval of Regulation.— If at the end of 60 calendar days of continuous session of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous session of Congress after its promulgation unless disapproved as provided for. (d) Sessions of Congress.— For purposes of this section— (1) continuity of session is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress . (e) Congressional Inaction or Rejection of Resolution of Disapproval Not Deemed Approval of Regulation.— Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of the regulation. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3231 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305501 | https://www.law.cornell.edu/uscode/text/54/305501#tab_default_1 | 54 U.S. Code § 305501 - Definitions | In this chapter: (1) Building arts.— The term “ building arts ” includes all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professions, skills, trades, and crafts. (2) Committee.— The term “ Committee ” means the Committee for a National Museum of the Building Arts , Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3223 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305505 | https://www.law.cornell.edu/uscode/text/54/305505#tab_default_1 | 54 U.S. Code § 305505 - Annual report | The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3224 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305504 | https://www.law.cornell.edu/uscode/text/54/305504#tab_default_1 | 54 U.S. Code § 305504 - Matching grants to Committee | The Secretary shall provide matching grants to the Committee for its programs related to historic preservation. The Committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the Secretary, except that not more than $500,000 may be provided to the Committee in any one fiscal year. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3224 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305503 | https://www.law.cornell.edu/uscode/text/54/305503#tab_default_1 | 54 U.S. Code § 305503 - Activities and functions | The National Building Museum shall— (1) collect and disseminate information concerning the building arts , including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts ; (2) foster educational programs relating to the history, practice, and contribution to society of the building arts , including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts ; (3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts ; (4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and (5) encourage contributions to the building arts . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3223 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 305502 | https://www.law.cornell.edu/uscode/text/54/305502#tab_default_1 | 54 U.S. Code § 305502 - Cooperative agreement to operate museum | To provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement with the Committee for the operation of a National Building Museum in the Federal building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. The cooperative agreement shall include provisions that— (1) make the site available to the Committee without charge; (2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as may be necessary to ensure the preservation and operation of the site; and (3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this division. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3223 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307105 | https://www.law.cornell.edu/uscode/text/54/307105#tab_default_1 | 54 U.S. Code § 307105 - Attorney’s fees and costs to prevailing parties in civil actions | In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award attorney’s fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3232 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307103 | https://www.law.cornell.edu/uscode/text/54/307103#tab_default_1 | 54 U.S. Code § 307103 - Access to information | (a) Authority To Withhold From Disclosure.— The head of a Federal agency, or other public official receiving grant assistance pursuant to this division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may— (1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners. (b) Access Determination.— When the head of a Federal agency or other public official determines that information should be withheld from the public pursuant to subsection (a), the Secretary, in consultation with the Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this division. (c) Consultation With Council.— When information described in subsection (a) has been developed in the course of an agency’s compliance with section 306107 or 306108 of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b). ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3231 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307107 | https://www.law.cornell.edu/uscode/text/54/307107#tab_default_1 | 54 U.S. Code § 307107 - Donations and bequests of money, personal property, and less than fee interests in historic property | (a) Money and Personal Property.— The Secretary may accept donations and bequests of money and personal property for the purposes of this division and shall hold, use, expend, and administer the money and personal property for those purposes. (b) Less Than Fee Interest in Historic Property.— The Secretary may accept gifts or donations of less than fee interests in any historic property where the acceptance of an interest will facilitate the conservation or preservation of the historic property. Nothing in this section or in any provision of this division shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3232 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307106 | https://www.law.cornell.edu/uscode/text/54/307106#tab_default_1 | 54 U.S. Code § 307106 - Authorization for expenditure of appropriated funds | Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the extent that appropriations legislation expressly provides otherwise. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3232 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300314 | https://www.law.cornell.edu/uscode/text/54/300314#tab_default_1 | 54 U.S. Code § 300314 - Native Hawaiian organization | (a) In general.— In this division, the term “ Native Hawaiian organization ” means any organization that— (1) serves and represents the interests of Native Hawaiians ; (2) has as a primary and stated purpose the provision of services to Native Hawaiians ; and (3) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians . (b) Inclusions.— In this division, the term “ Native Hawaiian organization ” includes the Office of Hawaiian Affairs of Hawaii and Hui Malama I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws of the State of Hawaii. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300313 | https://www.law.cornell.edu/uscode/text/54/300313#tab_default_1 | 54 U.S. Code § 300313 - Native Hawaiian | In this division, the term “ Native Hawaiian ” means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes Hawaii. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300303 | https://www.law.cornell.edu/uscode/text/54/300303#tab_default_1 | 54 U.S. Code § 300303 - Council | In this division, the term “ Council ” means the Advisory Council on Historic Preservation established by section 304101 of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3188 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300302 | https://www.law.cornell.edu/uscode/text/54/300302#tab_default_1 | 54 U.S. Code § 300302 - Certified local government | In this division, the term “ certified local government ” means a local government whose local historic preservation program is certified pursuant to chapter 3025 of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3188 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300319 | https://www.law.cornell.edu/uscode/text/54/300319#tab_default_1 | 54 U.S. Code § 300319 - Tribal land | In this division, the term “tribal land” means— (1) all land within the exterior boundaries of any Indian reservation; and (2) all dependent Indian communities. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3191 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300307 | https://www.law.cornell.edu/uscode/text/54/300307#tab_default_1 | 54 U.S. Code § 300307 - Historic preservation review commission | In this division, the term “historic preservation review commission” means a board, council , commission, or other similar collegial body— (1) that is established by State or local legislation as provided in section 302503(a)(2) of this title ; and (2) the members of which are appointed by the chief elected official of a jurisdiction (unless State or local law provides for appointment by another official) from among— (A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available in the community; and (B) other individuals who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines and will provide for an adequate and qualified commission. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3189 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300318 | https://www.law.cornell.edu/uscode/text/54/300318#tab_default_1 | 54 U.S. Code § 300318 - State historic preservation review board | In this division, the term “State historic preservation review board” means a board, council , commission, or other similar collegial body established as provided in section 302301(2) of this title — (1) the members of which are appointed by the State Historic Preservation Officer (unless otherwise provided for by State law); (2) a majority of the members of which are professionals qualified in history, prehistoric and historic archeology, architectural history, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture, and related disciplines; and (3) that has the authority to— (A) review National Register nominations and appeals from nominations; (B) review appropriate documentation submitted in conjunction with the Historic Preservation Fund ; (C) provide general advice and guidance to the State Historic Preservation Officer; and (D) perform such other duties as may be appropriate. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300305 | https://www.law.cornell.edu/uscode/text/54/300305#tab_default_1 | 54 U.S. Code § 300305 - Historic conservation district | In this division, the term “historic conservation district” means an area that contains— (1) historic property ; (2) buildings having similar or related architectural characteristics; (3) cultural cohesiveness; or (4) any combination of features described in paragraphs (1) to (3). ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3188 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300316 | https://www.law.cornell.edu/uscode/text/54/300316#tab_default_1 | 54 U.S. Code § 300316 - Secretary | In this division, the term “ Secretary ” means the Secretary acting through the Director. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300304 | https://www.law.cornell.edu/uscode/text/54/300304#tab_default_1 | 54 U.S. Code § 300304 - Cultural park | In this division, the term “cultural park” means a definable area that— (A) is distinguished by historic property , prehistoric property, and land related to that property; and (B) constitutes an interpretive, educational, and recreational resource for the public at large. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3188 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300315 | https://www.law.cornell.edu/uscode/text/54/300315#tab_default_1 | 54 U.S. Code § 300315 - Preservation or historic preservation | In this division, the term “preservation” or “historic preservation” includes— (1) identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, and conservation; (2) education and training regarding the foregoing activities; or (3) any combination of the foregoing activities. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300320 | https://www.law.cornell.edu/uscode/text/54/300320#tab_default_1 | 54 U.S. Code § 300320 - Undertaking | In this division, the term “undertaking” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency , including— (1) those carried out by or on behalf of the Federal agency ; (2) those carried out with Federal financial assistance; (3) those requiring a Federal permit, license, or approval; and (4) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3191 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300311 | https://www.law.cornell.edu/uscode/text/54/300311#tab_default_1 | 54 U.S. Code § 300311 - National Register | In this division, the term “ National Register ” means the National Register of Historic Places maintained under chapter 3021 of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3189 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300308 | https://www.law.cornell.edu/uscode/text/54/300308#tab_default_1 | 54 U.S. Code § 300308 - Historic property | In this division, the term “ historic property ” means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3189 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300309 | https://www.law.cornell.edu/uscode/text/54/300309#tab_default_1 | 54 U.S. Code § 300309 - Indian tribe | In this division, the term “ Indian tribe ” means an Indian tribe , band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3189 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300310 | https://www.law.cornell.edu/uscode/text/54/300310#tab_default_1 | 54 U.S. Code § 300310 - Local government | In this division, the term “ local government ” means a city, county, township, municipality, or borough, or any other general purpose political subdivision of any State. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3189 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300317 | https://www.law.cornell.edu/uscode/text/54/300317#tab_default_1 | 54 U.S. Code § 300317 - State | In this division, the term “State” means— (1) a State, the District of Columbia, Puerto Rico , Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands; and (2) the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3190 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 300301 | https://www.law.cornell.edu/uscode/text/54/300301#tab_default_1 | 54 U.S. Code § 300301 - Agency | In this division, the term “ agency ” has the meaning given the term in section 551 of title 5 . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3188 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304112 | https://www.law.cornell.edu/uscode/text/54/304112#tab_default_1 | 54 U.S. Code § 304112 - Effectiveness of Federal grant and assistance programs | (a) Cooperative Agreements.— The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of the program in meeting the purposes and policies of this division. The cooperative agreement may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this division or that allow the Council to participate in the selection of recipients, if those provisions are not inconsistent with the grant or assistance program’s statutory authorization and purpose. (b) Review of Grant and Assistance Programs.— The Council may— (1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of the program in meeting the purposes and policies of this division; (2) make recommendations to the head of any Federal agency that administers the program to further the consistency of the program with the purposes and policies of this division and to improve its effectiveness in carrying out those purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this division, including recommendations with regard to appropriate funding levels. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3214 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304111 | https://www.law.cornell.edu/uscode/text/54/304111#tab_default_1 | 54 U.S. Code § 304111 - Reimbursements from State and local agencies | Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of this division. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3214 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304110 | https://www.law.cornell.edu/uscode/text/54/304110#tab_default_1 | 54 U.S. Code § 304110 - Report by Secretary to Council | To assist the Council in discharging its responsibilities under this division, the Secretary at the request of the Chairman shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3214 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304109 | https://www.law.cornell.edu/uscode/text/54/304109#tab_default_1 | 54 U.S. Code § 304109 - Budget submission | (a) Time and Manner of Submission.— The Council shall submit its budget annually as a related agency of the Department of the Interior . (b) Transmittal of Copies to Congressional Committees.— Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget , it shall concurrently transmit copies of that estimate or request to the Committee on Natural Resources and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3214 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304108 | https://www.law.cornell.edu/uscode/text/54/304108#tab_default_1 | 54 U.S. Code § 304108 - Regulations, procedures, and guidelines | (a) In General.— The Council may promulgate regulations as it considers necessary to govern the implementation of section 306108 of this title in its entirety. (b) Participation by Local Governments.— The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title that affect the local governments. (c) Exemption for Federal Programs or Undertakings.— The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this division when the exemption is determined to be consistent with the purposes of this division, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3214 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304107 | https://www.law.cornell.edu/uscode/text/54/304107#tab_default_1 | 54 U.S. Code § 304107 - Transmittal of legislative recommendations, testimony, or comments to any officer or agency of the United States prior to submission to Congress | No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of the recommendations, testimony, or comments to Congress . When the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of the actions in its legislative recommendations, testimony, or comments on legislation that it transmits to Congress . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3213 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304106 | https://www.law.cornell.edu/uscode/text/54/304106#tab_default_1 | 54 U.S. Code § 304106 - International Centre for the Study of the Preservation and Restoration of Cultural Property | (a) Authorization of Participation.— The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is authorized. (b) Official Delegation.— The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation that will participate in the activities of the International Centre for the Study of the Preservation and Restoration of Cultural Property on behalf of the United States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to the Secretary of State by the Council. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3213 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304105 | https://www.law.cornell.edu/uscode/text/54/304105#tab_default_1 | 54 U.S. Code § 304105 - Administration | (a) Executive Director.— There shall be an Executive Director of the Council who shall be appointed by the Chairman with the concurrence of the Council in the competitive service at a rate within the General Schedule, in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 , or in the Senior Executive Service under section 3393 of title 5 . The Executive Director shall report directly to the Chairman and perform such functions and duties as the Chairman may prescribe. (b) General Counsel and Appointment of Other Attorneys.— (1) General counsel.— The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council’s legal advisor. (2) Appointment of other attorneys.— The Executive Director shall appoint other attorneys as may be necessary to— (A) assist the General Counsel; (B) represent the Council in court when appropriate, including enforcement of agreements with Federal agencies to which the Council is a party; (C) assist the Department of Justice in handling litigation concerning the Council in court; and (D) perform such other legal duties and functions as the Executive Director and the Council may direct. (c) Appointment and Compensation of Officers and Employees.— The Executive Director of the Council may appoint and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the Council at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5 . The Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed 5 employees in the competitive service at rates that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5 . (d) Appointment and Compensation of Additional Personnel.— The Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to carry out the Council’s duties, without regard to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5. (e) Expert and Consultant Services.— The Executive Director may procure expert and consultant services in accordance with section 3109 of title 5 . (f) Financial and Administrative Services.— (1) Services to be provided by secretary, agency, or private entity.— Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Secretary or, at the discretion of the Council, another agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed on by the Chairman of the Council and the head of the agency or the authorized representative of the private entity that will provide the services. (2) Federal agency regulations relating to collection apply.— When a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 for the collection of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of that agency under sections 1513(d) and 1514 of title 31 for the administrative control of funds shall apply to appropriations of the Council. The Council shall not be required to prescribe those regulations. (g) Funds, Personnel, Facilities, and Services.— (1) Provided by federal agency.— Any Federal agency may provide the Council, with or without reimbursement as may be agreed on by the Chairman and the agency, with such funds, personnel, facilities, and services under its jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that the funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council pursuant to this subsection shall be obligated by the end of the fiscal year following the fiscal year in which the funds are received by the Council. (2) Obtaining additional property, facilities, and services and receiving donations of money.— To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise additional property, facilities, and services as may be needed to carry out its duties and may receive donations of money for that purpose. The Executive Director may accept, hold, use, expend, and administer the property, facilities, services, and money for the purposes of this division. (h) Rights, Benefits, and Privileges of Transferred Employees.— Any employee in the competitive service of the United States transferred to the Council under section 207 of the National Historic Preservation Act ( Public Law 89–665 ) retains all the rights, benefits, and privileges pertaining to the competitive service held prior to the transfer. (i) Exemption From Chapter 10 of Title 5.— The Council is exempt from chapter 10 of title 5. (j) Provisions That Govern Operations of Council.— Subchapter II of chapter 5 and chapter 7 of title 5 shall govern the operations of the Council. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3211 ; Pub. L. 114–289, title V, § 501(c)(3) , Dec. 16, 2016 , 130 Stat. 1490 ; Pub. L. 117–286, § 4(a)(331) , Dec. 27, 2022 , 136 Stat. 4342 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304104 | https://www.law.cornell.edu/uscode/text/54/304104#tab_default_1 | 54 U.S. Code § 304104 - Compensation of members of Council | The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3211 ; Pub. L. 114–289, title V, § 501(c)(2) , Dec. 16, 2016 , 130 Stat. 1490 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304103 | https://www.law.cornell.edu/uscode/text/54/304103#tab_default_1 | 54 U.S. Code § 304103 - Cooperation between Council and instrumentalities of executive branch of Federal Government | The Council may secure directly from any Federal agency information, suggestions, estimates, and statistics for the purpose of this chapter. Each Federal agency may furnish information, suggestions, estimates, and statistics to the extent permitted by law and within available funds. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3211 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304102 | https://www.law.cornell.edu/uscode/text/54/304102#tab_default_1 | 54 U.S. Code § 304102 - Duties of Council | (a) Duties.— The Council shall— (1) advise the President and Congress on matters relating to historic preservation, recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation, and advise on the dissemination of information pertaining to those activities; (2) encourage, in cooperation with the National Trust and appropriate private agencies, public interest and participation in historic preservation; (3) recommend the conduct of studies in such areas as— (A) the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments; and (B) the effects of tax policies at all levels of government on historic preservation; (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation; (6) review the policies and programs of Federal agencies and recommend to Federal agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under this division; and (7) inform and educate Federal agencies, State and local governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Council’s authorized activities. (b) Annual Report.— The Council annually shall submit to the President a comprehensive report of its activities and the results of its studies and shall from time to time submit additional and special reports as it deems advisable. Each report shall propose legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations and shall provide the Council’s assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying out this division. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3210 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 304101 | https://www.law.cornell.edu/uscode/text/54/304101#tab_default_1 | 54 U.S. Code § 304101 - Establishment; vacancies | (a) Establishment.— There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation, which shall be composed of the following members: (1) A Chairman appointed by the President selected from the general public. (2) The Secretary. (3) The Architect of the Capitol . (4) The Secretary of Agriculture and the heads of 7 other agencies of the United States (other than the Department of the Interior ), the activities of which affect historic preservation, designated by the President. (5) One Governor appointed by the President. (6) One mayor appointed by the President. (7) The President of the National Conference of State Historic Preservation Officers. (8) The General Chairman of the National Association of Tribal Historic Preservation Officers. (9) The Chairman of the National Trust. (10) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate disciplines. (11) Three members from the general public, appointed by the President. (12) One member of an Indian tribe or Native Hawaiian organization who represents the interests of the Indian tribe or Native Hawaiian organization of which he or she is a member, appointed by the President. (b) Designation of Substitutes.— Each member of the Council specified in paragraphs (2) to (5) and (7) through (9) of subsection (a) may designate another officer of the department, agency, or organization to serve on the Council instead of the member, except that, in the case of paragraphs (2) and (4), no officer other than an Assistant Secretary or an officer having major department-wide or agency-wide responsibilities may be designated. (c) Term of Office.— Each member of the Council appointed under paragraphs (10) through (12) of subsection (a) shall serve for a term of 4 years from the expiration of the term of the member’s predecessor. The members appointed under paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of 4 years. An appointed member, other than the Chairman of the Council, may not serve more than 2 terms. An appointed member whose term has expired shall serve until that member’s successor has been appointed. (d) Vacancies.— A vacancy in the Council shall not affect its powers, but shall be filled, not later than 60 days after the vacancy commences, in the same manner as the original appointment (and for the balance of the unexpired term). (e) Chairman.— (1) After January 20, 2017 , the Chairman shall— (A) be appointed by the President, by and with the advice and consent of the Senate ; (B) serve at the will of the President; (C) serve full time; and (D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates under section 5316 of title 5 . (2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017 , and ending on January 19, 2021 . (3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. (f) Designation of Vice Chairman.— The President shall designate a Vice Chairman from the members appointed under paragraph (5), (6), (10), or (11) of subsection (a). The Vice Chairman shall perform the functions of the Chairman during the absence or disability of the Chairman or when the office is vacant. (g) Quorum.— Thirteen members of the Council shall constitute a quorum. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3209 ; Pub. L. 114–289, title V, § 501(a) –(c)(1), Dec. 16, 2016 , 130 Stat. 1489 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306131 | https://www.law.cornell.edu/uscode/text/54/306131#tab_default_1 | 54 U.S. Code § 306131 - Standards and guidelines | (a) Standards.— (1) In general.— Each Federal agency that is responsible for the protection of historic property (including archeological property) pursuant to this division or any other law shall ensure that— (A) all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning; (B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and (C) records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate. (2) Considerations.— The standards referred to in paragraph (1)(B) shall consider the particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved. (3) Revision.— The Office of Personnel Management shall revise qualification standards for the disciplines involved. (b) Guidelines.— To promote the preservation of historic property eligible for listing on the National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to— (1) provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection; (2) encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property; (3) encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) and of property of religious or cultural importance to Indian tribes, Native Hawaiian organizations, or other Native American groups; and (4) encourage owners that are undertaking archeological excavations to— (A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary; (B) donate or lend artifacts of research significance to an appropriate research institution; (C) allow access to artifacts for research purposes; and (D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(a)(2)(B) , (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3229 ; Pub. L. 114–289, title VI, § 601(f) , Dec. 16, 2016 , 130 Stat. 1491 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306122 | https://www.law.cornell.edu/uscode/text/54/306122#tab_default_1 | 54 U.S. Code § 306122 - Contracts for management of historic property | The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the head of the agency considers necessary or appropriate to protect the interests of the United States and ensure adequate preservation of the historic property. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3228 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306121 | https://www.law.cornell.edu/uscode/text/54/306121#tab_default_1 | 54 U.S. Code § 306121 - Lease or exchange | (a) Authority To Lease or Exchange.— Notwithstanding any other provision of law, each Federal agency, after consultation with the Council— (1) shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and (2) may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property. (b) Proceeds of Lease.— Notwithstanding any other provision of law, the proceeds of a lease under subsection (a) may be retained by the agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to that property or other property that is on the National Register that is owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from the leases shall be deposited in the Treasury at the end of the 2d fiscal year following the fiscal year in which the proceeds are received. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3228 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306114 | https://www.law.cornell.edu/uscode/text/54/306114#tab_default_1 | 54 U.S. Code § 306114 - Documentation of decisions respecting undertakings | With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title . The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3228 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306113 | https://www.law.cornell.edu/uscode/text/54/306113#tab_default_1 | 54 U.S. Code § 306113 - Anticipatory demolition | Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title , has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306112 | https://www.law.cornell.edu/uscode/text/54/306112#tab_default_1 | 54 U.S. Code § 306112 - Waiver of provisions in event of natural disaster or imminent threat to national security | The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108 ) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306111 | https://www.law.cornell.edu/uscode/text/54/306111#tab_default_1 | 54 U.S. Code § 306111 - Environmental impact statement | Nothing in this division shall be construed to— (1) require the preparation of an environmental impact statement where the statement would not otherwise be required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); or (2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306110 | https://www.law.cornell.edu/uscode/text/54/306110#tab_default_1 | 54 U.S. Code § 306110 - Annual preservation awards program | The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may include the issuance of annual awards by the President to any citizen of the United States recommended for the award by the Secretary. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306109 | https://www.law.cornell.edu/uscode/text/54/306109#tab_default_1 | 54 U.S. Code § 306109 - Costs of preservation as eligible project costs | A Federal agency may include the costs of preservation activities of the agency under this division as eligible project costs in all undertakings of the agency or assisted by the agency. The eligible project costs may include amounts paid by a Federal agency to a State to be used in carrying out the preservation responsibilities of the Federal agency under this division, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306107 | https://www.law.cornell.edu/uscode/text/54/306107#tab_default_1 | 54 U.S. Code § 306107 - Planning and actions to minimize harm to National Historic Landmarks | Prior to the approval of any Federal undertaking that may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3226 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306106 | https://www.law.cornell.edu/uscode/text/54/306106#tab_default_1 | 54 U.S. Code § 306106 - Review of plans of transferees of surplus federally owned historic property | The Secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than 90 days after receipt of the plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3226 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306105 | https://www.law.cornell.edu/uscode/text/54/306105#tab_default_1 | 54 U.S. Code § 306105 - Agency programs and projects | Consistent with the agency’s missions and mandates, each Federal agency shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3226 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306104 | https://www.law.cornell.edu/uscode/text/54/306104#tab_default_1 | 54 U.S. Code § 306104 - Agency Preservation Officer | The head of each Federal agency (except an agency that is exempted under section 304108(c) of this title ) shall designate a qualified official as the agency’s Preservation Officer who shall be responsible for coordinating the agency’s activities under this division. Each Preservation Officer may, to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 306101(c) of this title . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3226 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306103 | https://www.law.cornell.edu/uscode/text/54/306103#tab_default_1 | 54 U.S. Code § 306103 - Recordation of historic property prior to alteration or demolition | Each Federal agency shall initiate measures to ensure that where, as a result of Federal action or assistance carried out by the agency, a historic property is to be substantially altered or demolished— (1) timely steps are taken to make or have made appropriate records; and (2) the records are deposited, in accordance with section 302107 of this title , in the Library of Congress or with such other appropriate agency as the Secretary may designate, for future use and reference. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3226 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306102 | https://www.law.cornell.edu/uscode/text/54/306102#tab_default_1 | 54 U.S. Code § 306102 - Preservation program | (a) Establishment.— Each Federal agency shall establish (except for programs or undertakings exempted pursuant to section 304108(c) of this title ), in consultation with the Secretary, a preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property. (b) Requirements.— The program shall ensure that— (1) historic property under the jurisdiction or control of the agency is identified, evaluated, and nominated to the National Register; (2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance; (3) the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning; (4) the agency’s preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; and (5) the agency’s procedures for compliance with section 306108 of this title — (A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title; (B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and (C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ). ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3225 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307108 | https://www.law.cornell.edu/uscode/text/54/307108#tab_default_1 | 54 U.S. Code § 307108 - Privately donated funds | (a) Projects for Which Funds May Be Used.— In furtherance of the purposes of this division, the Secretary may accept the donation of funds that may be expended by the Secretary for projects to acquire, restore, preserve, or recover data from any property included on the National Register, as long as the project is owned by a State, any unit of local government, or any nonprofit entity. (b) Consideration of Factors Respecting Expenditure of Funds.— (1) In general.— In expending the funds, the Secretary shall give due consideration to— (A) the national significance of the project; (B) its historical value to the community; (C) the imminence of its destruction or loss; and (D) the expressed intentions of the donor. (2) Funds available without regard to matching requirements.— Funds expended under this subsection shall be made available without regard to the matching requirements established by sections 302901 and 302902(b) of this title, but the recipient of the funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund. (c) Transfer of Unobligated Funds.— The Secretary may transfer unobligated funds previously donated to the Secretary for the purposes of the Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with this division. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3232 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 303103 | https://www.law.cornell.edu/uscode/text/54/303103#tab_default_1 | 54 U.S. Code § 303103 - Use and availability | Amounts in the Historic Preservation Fund shall be used only to carry out this division and shall be available for expenditure only when appropriated by Congress . Any amount not appropriated shall remain available in the Historic Preservation Fund until appropriated for those purposes. Appropriations made pursuant to this section may be made without fiscal year limitation. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3206 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 303102 | https://www.law.cornell.edu/uscode/text/54/303102#tab_default_1 | 54 U.S. Code § 303102 - Funding | For each of fiscal years 2012 to 2023, [1] $150,000,000 shall be deposited in the Historic Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ), section 8733(b) of title 10 , or both, notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the Treasury. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3206 ; Pub. L. 114–289, title VIII, § 802(a) , (c)(1), Dec. 16, 2016 , 130 Stat. 1494 , 1495; Pub. L. 115–232, div. A, title VIII, § 809(s) , Aug. 13, 2018 , 132 Stat. 1844 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 303101 | https://www.law.cornell.edu/uscode/text/54/303101#tab_default_1 | 54 U.S. Code § 303101 - Establishment | To carry out this division (except chapter 3041) and chapter 3121, there is established in the Treasury the Historic Preservation Fund. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3206 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 307104 | https://www.law.cornell.edu/uscode/text/54/307104#tab_default_1 | 54 U.S. Code § 307104 - Inapplicability of division to White House, Supreme Court building, or United States Capitol | Nothing in this division applies to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3232 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 306108 | https://www.law.cornell.edu/uscode/text/54/306108#tab_default_1 | 54 U.S. Code § 306108 - Effect of undertaking on historic property | The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3227 .) |
54 | https://www.law.cornell.edu/uscode/text/54 | null | null | null | null | null | null | null | null | null | null | null | null | null | null | 302910 | https://www.law.cornell.edu/uscode/text/54/302910#tab_default_1 | 54 U.S. Code § 302910 - Recordkeeping | A recipient of assistance under this division shall keep— (1) such records as the Secretary shall prescribe, including records that fully disclose— (A) the disposition by the recipient of the proceeds of the assistance; (B) the total cost of the project or undertaking in connection with which the assistance is given or used; and (C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (2) such other records as will facilitate an effective audit. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3205 .) |
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