Title 54National Park Service and Related ProgramsRelease 119-73

§312503 Survey and recovery by Secretary

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3125— - PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA › § 312503

Last updated Apr 6, 2026|Official source

Summary

The Secretary must act when a federal or state agency, or an approved historical or archaeological authority, sends a written notice saying important scientific, prehistoric, historic, or archaeological information is being or might be lost because of a federal or federally assisted or licensed project. If the Secretary finds the information is significant and could be lost, and after giving reasonable notice to the agency that funds or licenses the project, the Secretary must survey and investigate the area and must recover and preserve the data, including analyzing and publishing it when needed for the public interest. Work is not required if the head of the responsible agency says it would interfere with emergency projects, including disaster response. The Secretary must start the work within 60 days of the notice, unless another schedule is agreed. Unless there is a written agreement saying otherwise, the Secretary must pay any person, group, or public body harmed by construction delays or by temporary loss of use of private or nonfederal land.

Full Legal Text

Title 54, §312503

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)The Secretary, on notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data are being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if the Secretary determines that the data are significant and are being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing the project, activity, or program—
(1)conduct or cause to be conducted a survey and other investigation of the areas that are or may be affected; and
(2)recover and preserve the data (including analysis and publication) that, in the opinion of the Secretary, are not being, but should be, recovered and preserved in the public interest.
(b)No survey or recovery work shall be required pursuant to this section that, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster.
(c)The Secretary shall initiate the survey or recovery effort within—
(1)60 days after notification pursuant to subsection (a); or
(2)such time as may be agreed on with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases.
(d)The Secretary shall, unless otherwise agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31250316 U.S.C. 469a–2.Pub. L. 86–523, § 4, as added Pub. L. 93–291, § 1(3), May 24, 1974, 88 Stat. 174.

Reference

Citations & Metadata

Citation

54 U.S.C. § 312503

Title 54National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73