54 U.S.C. § 312502 — Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects

(a) Activity of Federal Agency. (1) Notification of Secretary^*. If a Federal agency finds, or an appropriate historical or archeological authority notifies it in writing, that agency activities connected with a Federal construction project or federally licensed project, activity, or program may irreparably lose or destroy significant scientific, prehistorical, historical, or archeological data, the agency must notify the Secretary in writing and provide appropriate project information. (2) Recovery, protection, and preservation. The agency (A) may ask the Secretary to recover, protect, and preserve the data, including preliminary surveys or other needed investigation, analysis, and publication of resulting reports; or (B) may do those activities with money appropriated for the project, program, or activity. (3) Availability of reports. Investigation reports under this section must be sent to the Secretary, who must make them available for public inspection and review.

(b) Activity of Private Person, Association, or Public Entity. (1) Recovery by Secretary. When a Federal agency gives a private person, association, or public entity financial assistance by loan, grant, or otherwise, and the Secretary determines that significant data might be irretrievably lost or destroyed, the Secretary may, with money appropriated expressly for this purpose (A) survey the affected site with the consent of everyone having a legal property interest, and (B) recover, protect, and preserve the data, including analysis and publication. (2) Compensation. Unless otherwise agreed in writing, the Secretary must compensate a person, association, or public entity harmed by construction delays or temporary loss of use of private or other non-Federal land.