Title 54 — National Park Service and Related ProgramsRelease 119-73

§312508 Costs for identification, surveys, evaluation, and data recovery with respect to historic property

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3125— - PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA › § 312508

Last updated Apr 6, 2026|Official source

Summary

Even if other laws say otherwise, identifying and studying historic property in project areas (including data recovery) can be counted as project planning costs, not mitigation. Reasonable costs may be charged to Federal licensees/permittees. With the Secretary’s agreement and after notifying House and Senate committees, agencies may waive the 1 percent limit when appropriate.

Full Legal Text

Title 54, §312508

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

Notwithstanding section 312507(a) of this title or any other provision of law—

(1)identification, surveys, and evaluation carried out with respect to historic property within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation;

(2)reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic property within project areas may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit; and

(3)Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, may waive, in appropriate cases, the 1 percent limitation under section 312507(a) of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31250816 U.S.C. 469c–2. Pub. L. 96–515, title II, § 208, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 103–437, § 6(d)(28), Nov. 2, 1994, 108 Stat. 4584.

Reference

Citations & Metadata

Citation

54 U.S.C. § 312508

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73