42 U.S.C. § 5320 — Historic preservation requirements
submitted 46 years ago by Pub. L. 93-383 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 351 words · no verdicts yet
This section requires historic preservation measures for the activities it covers. It sets the preservation duties and related requirements.
(a) Regulations about applications for assistance under section 5318 1 of this title, the Secretary* of the Interior, after consulting with the Secretary, must prescribe and implement regulations concerning projects funded under section 5318 1 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54. (b) Actions by State* historic preservation officer and Secretary of the Interior In prescribing and implementing such regulations about applications submitted under section 5318 of this title which identify any property under subsection (c)(4)(B) of such section, the Secretary of the Interior must provide at least that— (1) the appropriate State historic preservation officer (as determined as required by regulations prescribed by the Secretary of the Interior) must, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project* for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and (2) the Secretary of the Interior must, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant as required by paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places. (c) Regulations by Advisory Council on Historic Preservation providing for expeditious action The Advisory Council on Historic Preservation must prescribe regulations providing for expeditious action by the Council in making its comments under section 306108 of title 54 in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under section 5318 of this title .
With respect to applications for assistance under section 5318 1 of this title, the Secretary* of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 1 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54.
In prescribing and implementing such regulations with respect to applications submitted under section 5318 of this title which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that—
the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project* for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and
the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places.
The Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making its comments under section 306108 of title 54 in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under section 5318 of this title.
Source credit: (Pub. L. 93–383, title I, § 121, as added Pub. L. 96–399, title I, § 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 97–35, title III, § 308(b), Aug. 13, 1981, 95 Stat. 396; Pub. L. 113–287, § 5(k)(4), Dec. 19, 2014, 128 Stat. 3270.)
- 1980Enacted · Pub. L. 93-383 · 94 Stat. 1620
- 1981Amended · Pub. L. 97-35 · 95 Stat. 396
- 2014Amended · Pub. L. 113-287 · 128 Stat. 3270
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-383 on 1980-10-08.
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