54 U.S.C. § 312503 — Survey and recovery by Secretary

(a) In General. If a Federal or State^* agency or appropriate historical or archeological authority gives the Secretary^* written notice that scientific, prehistorical, historical, or archeological data are being or may be irretrievably lost or destroyed by a Federal or federally assisted or licensed project, activity, or program, the Secretary must act if the Secretary determines the data are significant and are being or may be lost or destroyed. After reasonably notifying the agency responsible for funding or licensing, the Secretary must (1) conduct or arrange a survey and other investigation of affected or potentially affected areas, and (2) recover and preserve data that, in the Secretary’s opinion, are not being recovered and preserved but should be for the public interest, including analysis and publication.

(b) When Survey or Recovery Not Required. No survey or recovery is required if the responsible agency head determines it would impede a Federal or federally assisted or licensed project or activity connected with an emergency, including one planned for or resulting from a natural disaster.

(c) Initiation of Survey. The Secretary must begin the survey or recovery (1) within 60 days after subsection (a) notice, or (2) at another time agreed with the responsible funding or licensing agency head in all other cases.

(d) Compensation by Secretary. 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 non-Federal land.