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54 U.S.C. § 306113Anticipatory demolition

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 91 words · no verdicts yet

in plain englishAI-generated · not legal advice

A federal agency normally can't give a loan, permit, or license to someone who deliberately damaged a historic property to dodge the review process. This also applies if they let the damage happen when they could have stopped it. The agency can still help them, but only after consulting the Council and finding special circumstances justify it.

Each federal agency must make sure it won't give a loan, loan guarantee, permit, license, or other assistance to an applicant who deliberately and significantly damaged a historic property in order to dodge the review required by section 306108 — or who had the legal power to stop that damage but let it happen anyway. The only exception is if the agency, after consulting the Council, decides that the circumstances justify giving the assistance despite the damage the applicant caused or allowed.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3227.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3227

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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