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16 U.S.C. § 430g–7Conservation within Gettysburg Battlefield historic district

submitted 36 years ago by Pub. L. 101-377 to r/title-16-CONSERVATION · 531 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must encourage landowners, local governments, and businesses to conserve the Gettysburg historic district and give conservation grants priority there. Federal projects in the district must fit its historic character, and the Secretary can require justification to Congress before an inconsistent project proceeds.

(a) Encouragement of conservation. The Secretary must take appropriate steps to encourage landowners, local governments, organizations, and businesses to conserve the historic district. (b) Prioritization of grants. Within the historic district, when the Secretary makes grants under certain sections of title 54 (302902(a), 302903(a), and 302904 through 302908), or gives technical assistance, information, and advice under section 303902 of title 54, the Secretary must give priority to programs and activities that will develop and use natural and cultural resources in ways consistent with conserving the district's historic character. (c) Provision of technical assistance. The Secretary may give technical assistance to help local governments cooperate in ways that support the park's and historic district's values, and to help landowners create individual property plans that meet both their own goals and conservation goals within the historic district. (d) Reimbursement of planning costs. If a local or county government in the historic district asks, the Secretary must, under terms the Secretary sets, reimburse up to 50 percent of that government's planning costs for creating comprehensive plans and land-use guidelines that fit with conserving the district's historic character. But these reimbursements are only available to the extent Congress provides money for them in appropriations acts. (e) Acceptance of easement donations. On the recommendation of the Director of the National Park Service, and after consulting the Advisory Commission set up under section 430g–8, the Secretary may accept donated conservation easements on land inside the historic district. (f) Federal consistency. (1) Any federal or federally-assisted project in the historic district must, as much as possible, fit with preserving the district's historic character — including its rural, agricultural, and town elements — and must also follow the National Historic Preservation Act and other applicable laws. (2) The head of any federal agency with authority over a proposed federal or federally-assisted project in the district, or with power to license or permit a project there, must prepare a detailed analysis of the proposed action as early as possible and send it to the Secretary. (3) The Secretary must review that analysis and consult with the agency. If, after that review, the Secretary decides the proposed action doesn't fit the purposes described in this subsection, the agency cannot proceed until it sends a justification to the right congressional committees, with enough time for Congress to comment. That justification must cover: the expected effect on the historic district's historic and commemorative character, the social and economic need for the action, all possible alternatives, the comparative benefits of those alternatives, and how the proposed action would reduce harm.
the actual law source: uscode.house.gov ↗public domain
(a) Encouragement of conservation

The Secretary shall take appropriate action to encourage conservation of the historic district by landowners, local governments, organizations, and businesses.

(b) Prioritization of grants

Within the historic district, the Secretary shall give priority in making grants under sections 302902(a), 302903(a), and 302904 to 302908 of title 54, and in providing technical assistance, information, and advice under section 303902 of title 54, to those programs and activities in the historic district that will assure development and use of natural and cultural resources in a manner that is consistent with the conservation and maintenance of the district’s historic character.

(c) Provision of technical assistance

The Secretary may provide technical assistance to assist local governments in cooperative efforts which complement the values of the park and the historic district and to help landowners prepare individual property plans which meet landowner and conservation objectives in the historic district.

(d) Reimbursement of planning costs

The Secretary, under such terms and conditions as the Secretary may prescribe and at the request of any local or county government within the historic district, shall provide matching reimbursements for up to 50 percent of the planning costs incurred by such government in the development of comprehensive plans and land use guidelines which are consistent with conserving the historic character of the historic district. Reimbursements may only be provided under this subsection to the extent or in such amounts as are provided in appropriation Acts.

(e) Acceptance of easement donations

The Secretary, upon recommendation from the Director of the National Park Service, in consultation with the Advisory Commission established under section 430g–8 of this title, is authorized to accept donations of conservation easements on land located within the historic district.

(f) Federal consistency
(1)

Any Federal or federally assisted activity or undertaking in the historic district, shall be consistent to the maximum extent possible with the purposes of the preservation of the historic district, including its rural, agricultural, and town elements, and shall also comply with the National Historic Preservation Act 1 and other applicable laws.

(2)

The head of any Federal agency (hereafter in this subsection referred to as the “agency”) having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in the historic district, and the head of any Federal agency having authority to license or permit any undertaking in such area, shall at the earliest feasible date prepare a detailed analysis of any proposed action and submit it to the Secretary.

(3)

The Secretary shall review the analysis and consult with the agency. If after such review and consultation, the Secretary finds that the proposed action is not consistent with the purposes identified in this subsection, the agency shall not proceed with the action until after a justification for the action has been submitted to the appropriate committees of Congress with adequate time allowed for Congressional comment. Such justification shall include the following elements: the anticipated effects on the historic and commemorative character of the historic district, the social and economic necessity for the proposed action, all possible alternatives to the proposed action, the comparative benefits of proposed alternative actions, and the mitigation measures outlined in the proposed action.

Source credit: (Pub. L. 101–377, § 4, Aug. 17, 1990, 104 Stat. 465.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-377 · 104 Stat. 465

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-377 on 1990-08-17.

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