16-U.S.C.-469A-2
§469A-2 – §469A-2. Survey By Secretary of The Interior; Recovery and Preservation of Data; Compensation For Delays In Construction and For Temporary Loss of Use of Land
Pathway
Title 16 > Chapter 1A > Subchapter I > Section 469a-2
Details
- Reference: Section 469a-2
- Legend: §469A-2 – §469A-2. Survey By Secretary of The Interior; Recovery and Preservation of Data; Compensation For Delays In Construction and For Temporary Loss of Use of Land
- USCode Year: 2013
Provision Content
(a) Survey conducted; preservation of data
The Secretary, upon notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if he determines that such data is significant and is being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be conducted a survey and other investigation of the areas which are or may be affected and recover and preserve such data (including analysis and publication) which, in his opinion, are not being, but should be, recovered and preserved in the public interest.
(b) Emergency projects
No survey or recovery work shall be required pursuant to this section which, 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) Initiation of survey
The Secretary shall initiate the survey or recovery effort within sixty days after notification to him pursuant to subsection (a) of this section or within such time as may be agreed upon with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases.
(d) Compensation by Secretary
The Secretary shall, unless otherwise mutually 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.
(Pub. L. 86–523, §4, as added Pub. L. 93–291, §1(3), May 24, 1974, 88 Stat. 174.)
Prior Provisions
A prior section 4 of Pub. L. 86–523 was renumbered section 7 and is classified to section 469c of this title.
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 469a of this title.
U.S. Encyclopedia of Law Coverage
16-U.S.C.-467A-1 in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-467A-1, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-463 in the Legal Encyclopedia: Historic Preservation
In this entry about 16-U.S.C.-463, find legal reference material, bibliographies and premiere content related to historic preservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States historic preservation-specific issues, written by authorities in the field.
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