42 USC Sec. 5320 01/26/98

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 69 - COMMUNITY DEVELOPMENT

-HEAD-
Sec. 5320. Historic preservation requirements

-STATUTE-
(a) Regulations
With respect to applications for assistance under section 5318 of
this title, the Secretary of the Interior, after consulting with
the Secretary, shall prescribe and implement regulations concerning
projects funded under section 5318 of this title and their
relationship with -
(1) ''An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes'', approved October 14, 1966, as amended (16
U.S.C. 470 et seq.); and
(2) ''An Act to provide for the preservation of historical and
archaeological data (including relics and specimens) which might
otherwise be lost as a result of the construction of a dam'',
approved June 27, 1960, as amended (16 U.S.C. 469 to 469c-1).
(b) Actions by State historic preservation officer and Secretary of
the Interior
In prescribing and implementing such regulations with respect to
applications submitted under section 5318 of this title which
identify any property pursuant to subsection (c)(4)(B) of such
section, the Secretary of the Interior shall provide at least that
-
(1) the appropriate State historic preservation officer (as
determined in accordance with regulations prescribed by the
Secretary of the Interior) shall, not later than 45 days after
receiving information from the applicant relating to the
identification of properties which will be affected by the
project for which the application is made and which may meet the
criteria established by the Secretary of the Interior for
inclusion on the National Register of Historic Places (together
with documentation relating to such inclusion), submit his or her
comments, together with such other information considered
necessary by the officer, to the applicant concerning such
properties; and
(2) the Secretary of the Interior shall, not later than 45 days
after receiving from the applicant the information described in
paragraph (1) and the comments submitted to the applicant in
accordance with paragraph (1), make a determination as to whether
any of the properties affected by the project for which the
application is made is eligible for inclusion on the National
Register of Historic Places.
(c) Regulations by Advisory Council on Historic Preservation
providing for expeditious action
The Advisory Council on Historic Preservation shall prescribe
regulations providing for expeditious action by the Council in
making its comments under section 106 of the Act (16 U.S.C. 470f)
referred to in subsection (a)(1) in the case of properties which
are included on, or eligible for inclusion on, the National
Register of Historic Places and which are affected by a project for
which an application is made under section 5318 of this title.

-SOURCE-
(Pub. L. 93-383, title I, Sec. 121, as added Pub. L. 96-399, title
I, Sec. 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 97-35,
title III, Sec. 308(b), Aug. 13, 1981, 95 Stat. 396.)

-REFTEXT-
REFERENCES IN TEXT
''An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for other
purposes'', approved October 14, 1966, as amended, referred to in
subsec. (a)(1), probably means Pub. L. 89-665, Oct. 15, 1966, 80
Stat. 915, as amended, known as the National Historic Preservation
Act, which is classified generally to subchapter II (Sec. 470 et
seq.) of chapter 1A of Title 16, Conservation. For complete
classification of this Act to the Code see section 470(a) of Title
16 and Tables.
''An Act to provide for the preservation of historical and
archaeological data (including relics and specimens) which might
otherwise be lost as a result of the construction of a dam'',
approved June 27, 1960, as amended, referred to in subsec. (a)(2),
is Pub. L. 86-523, June 27, 1960, 74 Stat. 220, as amended, which
enacted sections 469 to 469c-1 of Title 16. For complete
classification of this Act, see Tables.

-MISC2-
AMENDMENTS
1981 - Subsec. (b). Pub. L. 97-35 substituted ''subsection
(c)(4)(B)'' for ''subsection (c)(7)(B)''.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective on effective date of
regulations implementing such amendments, see section 308(c) of
Pub. L. 97-35, set out as a note under section 5318 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5318 of this title.