Title 54National Park Service and Related ProgramsRelease 119-73not60

§312502 Threat of Irreparable Loss or Destruction of Significant Scientific, Prehistorical, Historical, or Archeological Data by Federal Construction Projects

Title 54 › Subtitle Subtitle III— National Preservation Programs › Chapter 3125— PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA › § 312502

Last updated Apr 5, 2026|Official source

Summary

Federal agencies must tell the Secretary in writing if they learn or are told by a qualified historic or archaeological authority that a federal construction or licensed project might destroy important scientific, prehistoric, historical, or archaeological data. The agency must give project details. The agency can ask the Secretary to do surveys, recover and protect the data, and study and publish the findings, or the agency can use its project funds to do those tasks. Reports must be sent to the Secretary, who will make them public. If a federal agency gives money to private or public parties and the Secretary finds data at risk, the Secretary may, with specific funds and the owners’ consent, survey and recover or protect the data. Unless a different written agreement exists, the Secretary must pay anyone harmed by construction delays or temporary loss of use of private or other nonfederal land.

Full Legal Text

Title 54, §312502

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

(a)(1)When any Federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, the agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity.
(2)The agency—
(A)may request the Secretary to undertake the recovery, protection, and preservation of the data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from the investigation); or
(B)may, with funds appropriated for the project, program, or activity, undertake those activities.
(3)Copies of reports of any investigations made pursuant to this section shall be submitted to the Secretary, who shall make them available to the public for inspection and review.
(b)(1)When any Federal agency provides financial assistance by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if the Secretary determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may, with funds appropriated expressly for this purpose—
(A)conduct, with the consent of all persons, associations, or public entities having a legal interest in the property, a survey of the affected site; and
(B)undertake the recovery, protection, and preservation of the data (including analysis and publication).
(2)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 any nonfederally owned land.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31250216 U.S.C. 469a–1.Pub. L. 86–523, § 3, as added Pub. L. 93–291, § 1(3), May 24, 1974, 88 Stat. 174.

Reference

Citations & Metadata

Citation

54 U.S.C. § 312502

Title 54National Park Service and Related Programs

Last Updated

Apr 5, 2026

Release point: 119-73not60