16 U.S.C. § 470h-2 : US Code - Section 470H-2: Historic properties owned or controlled by Federal agencies

Search 16 U.S.C. § 470h-2 : US Code - Section 470H-2: Historic properties owned or controlled by Federal agencies

(a) Responsibilities of Federal agencies; program for
identification, evaluation, nomination, and protection
(1) The heads of all Federal agencies shall assume responsibility
for the preservation of historic properties which are owned or
controlled by such agency. Prior to acquiring, constructing, or
leasing buildings for purposes of carrying out agency
responsibilities, each Federal agency shall use, to the maximum
extent feasible, historic properties available to the agency, in
accordance with Executive Order No. 13006, issued May 21, 1996 (61
Fed. Reg. 26071). Each agency shall undertake, consistent with the
preservation of such properties and the mission of the agency and
the professional standards established pursuant to section 470a(g)
of this title, any preservation, as may be necessary to carry out
this section.
(2) Each Federal agency shall establish (unless exempted pursuant
to section 470v of this title), in consultation with the Secretary,
a preservation program for the identification, evaluation, and
nomination to the National Register of Historic Places, and
protection of historic properties. Such program shall ensure -
(A) that historic properties under the jurisdiction or control
of the agency, are identified, evaluated, and nominated to the
National Register;
(B) that such properties under the jurisdiction or control of
the agency as are listed in or may be eligible for the National
Register are managed and maintained in a way that considers the
preservation of their historic, archaeological, architectural,
and cultural values in compliance with section 470f of this title
and gives special consideration to the preservation of such
values in the case of properties designated as having National
significance;
(C) that the preservation of properties not under the
jurisdiction or control of the agency, but subject to be
potentially affected by agency actions are given full
consideration in planning;
(D) that 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 with the
private sector; and
(E) that the agency's procedures for compliance with section
470f of this title -
(i) are consistent with regulations issued by the Council
pursuant to section 470s of this title;
(ii) provide a process for the identification and evaluation
of historic properties for listing in 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 such properties will be considered;
and
(iii) provide for the disposition of Native American cultural
items from Federal or tribal land in a manner consistent with
section 3002(c) of title 25.
(b) Records on historic properties to be altered or demolished;
deposit in Library of Congress or other appropriate agency
Each Federal agency shall initiate measures to assure that where,
as a result of Federal action or assistance carried out by such
agency, an historic property is to be substantially altered or
demolished, timely steps are taken to make or have made appropriate
records, and that such records then be deposited, in accordance
with section 470a(a) of this title, in the Library of Congress or
with such other appropriate agency as may be designated by the
Secretary, for future use and reference.
(c) Agency Preservation Officer; responsibilities; qualifications
The head of each Federal agency shall, unless exempted under
section 470v of this title, designate a qualified official to be
known as the agency's "preservation officer" who shall be
responsible for coordinating that agency's activities under this
subchapter. Each Preservation Officer may, in order to be
considered qualified, satisfactorily complete an appropriate
training program established by the Secretary under section 470a(h)
of this title.
(d) Agency programs and projects
Consistent with the agency's missions and mandates, all Federal
agencies 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 subchapter and, give consideration to programs
and projects which will further the purposes of this subchapter.
(e) Review of plans of transferees of surplus federally owned
historic properties
The Secretary shall review and approve the plans of transferees
of surplus federally owned historic properties not later than
ninety days after his receipt of such plans to ensure that the
prehistorical, historical, architectural, or culturally significant
values will be preserved or enhanced.
(f) Planning and actions to minimize harm to National Historic
Landmarks
Prior to the approval of any Federal undertaking which 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 such landmark, and shall afford the Advisory
Council on Historic Preservation a reasonable opportunity to
comment on the undertaking.
(g) Costs of preservation as eligible project costs
Each Federal agency may include the costs of preservation
activities of such agency under this subchapter as eligible project
costs in all undertakings of such agency or assisted by such
agency. The eligible project costs may also include amounts paid by
a Federal agency to any State to be used in carrying out such
preservation responsibilities of the Federal agency under this
subchapter, and reasonable costs may be charged to Federal
licensees and permittees as a condition to the issuance of such
license or permit.
(h) Annual preservation awards program
The Secretary shall establish an annual preservation awards
program under which he 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 resources. Such program may include
the issuance of annual awards by the President of the United States
to any citizen of the United States recommended for such award by
the Secretary.
(i) Environmental impact statement
Nothing in this subchapter shall be construed to require the
preparation of an environmental impact statement where such a
statement would not otherwise be required under the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], and
nothing in this subchapter shall be construed to provide any
exemption from any requirement respecting the preparation of such a
statement under such Act.
(j) 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 section may be waived in whole or in part in
the event of a major natural disaster or an imminent threat to the
national security.
(k) Assistance for adversely affected historic property
Each Federal agency shall ensure that the agency will not grant a
loan, loan guarantee, permit, license, or other assistance to an
applicant who, with intent to avoid the requirements of section
470f of this title, has intentionally significantly adversely
affected a historic property to which the grant would relate, or
having legal power to prevent it, allowed such significant adverse
effect to occur, unless the agency, after consultation with the
Council, determines that circumstances justify granting such
assistance despite the adverse effect created or permitted by the
applicant.
(l) Documentation of decisions respecting undertakings
With respect to any undertaking subject to section 470f of this
title which adversely affects any property included in or eligible
for inclusion in the National Register, and for which a Federal
agency has not entered into an agreement pursuant to regulations
issued by the Council, the head of such agency shall document any
decision made pursuant to section 470f of this title. The head of
such agency may not delegate his or her responsibilities pursuant
to such section. Where a section 106 [16 U.S.C. 470f] memorandum of
agreement has been executed with respect to an undertaking, such
memorandum shall govern the undertaking and all of its parts.