Historic Sites Act of 1935

Historic Sites Act of 1935.pdf

Nomination of Properties for Designation as National Historic Landmarks, 36 CFR 65

Historic Sites Act of 1935

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Historic Sites Act of 1935
[ P UB LIC – N o . 2 9 2 – 7 4 TH C ONGRESS ]
[ S. 2 0 7 3 ]
AN ACT

To provid e for the preserv ation of historic A merican sites, buildings, ob jects,
and antiqu ities of national significan ce, and for oth er purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That it is hereb y declared that it is a national po licy to preserv e for public
use historic sites, buildings and objects of national significance for the inspiration and benefit of
the people of the Un ited States.
S EC . 2. The Secretary or the Interior (hereinafter referred to as the Secretary), through the
National P ark Service , for the purp oses of effectua ting the policy ex pressed in se ction 1 here of,
shall have the fo llowing pow ers and pe rform the follo wing duties an d functions:
(a) Secure , collate, and p reserve dra wings, plans, p hotograp hs, and othe r data of histor ic
and archaeolog ic sites, buildings, and objects.
(b) Make a survey of historic and archaeologic sites, buildings, and objects for the
purpose of determining which possess exceptional value as commemorating or illustrating the
history of the United States.
(c) Mak e necessary inv estigations and researches in the United States relating to
particular sites, b uildings, or ob jects to obta in true and ac curate historic al and arch aeologica l facts
and information concerning the same.
(d) For the purpose of this Act, acquire in the name of the United States by gift, purchase,
or otherwise any property, personal or real, or any interest or estate therein, title to any real
property to be satisfactory to the Secretar y: Provided, That no such property which is owned by
any religious or educational institution, or which is owned or administered for the benefit of the
public me n be so acq uired withou t the consent o f the owner: Provided further, That no such
property sh all be acqu ired or co ntract or agre ement for the acquisition the reof mad e which will
obligate the g eneral fund o f the Treasu ry for the paym ent of such pr operty, unless or until
Congress has appropriated money which is available for that purpose.
(e) Contract and ma ke cooperative agre ements with States, municipal subdivisions,
corpora tions, associatio ns, or individu als, with prop er bond where dee med adv isable, to pro tect,
preserve, maintain, or operate any historic or archaeologic building, site, object, or property used
in connection therewith for public use, regardless as to whether the title thereto is in the United
States: Provided, That no contract or cooperative agreement shall be made or entered into which
will obligate the general fund of the Treasury unless or until Congress has appropriated money for
such purpose.
(f) Restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites,
buildings, objects, and properties of national historical or archaeological significance and where
deemed desirable establish and maintain museums in connection therewith.
(g) Erect and maintain tablets to mark or commemorate historic or prehistoric places and
events of national historical or archaeological significance.
(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired
under the provisions of this Act together with lands and subordinate buildings for the benefit of the
public, such authority to include the power to charge reasonable visitation fees and grant
concessions, leases, or permits for the use of land, building space, roads, or trails when necessary
or desirab le either to acc ommod ate the pub lic or to facilitate ad ministration: Provide d, That such
concessions, leases, or permits, shall be let at competitive bidding, to the person making the
highest and best bid.

(i) When the Secretary determines that it would be administratively burdensome to restore
reconstruc t, operate, o r maintain any p articular historic or archae ologic site, bu ilding, or pro perty
donated to the United States through the National Park Service, he may cause the same to be done
by organizing a corporation for that purpose under the laws of the District of Columbia or any
State.
(j) develop an educational program and service for the purpose of making available to the
public facts and information pertaining to American historic and archaeologic sites, buildings, and
properties of national significance. Reasonable charges may be made for the dissemination of any
such facts or information.
(k) Perfor m any and a ll acts, and. mak e such rules an d regulation s not inconsiste nt with
this Act as may be necessary and proper to carry out the provisions thereof. Any person violating
any of the regulations authorized by this Act shall be punished by a fine of not more than $500 and
be adjudged to pay all cost of the proceeding s.
S EC . 3. A general advisory boa rd to be known as the " Advisory Boa rd on National P arks,
Historic Sites, Buildings, and Monuments " is hereby established, to be composed of not to exceed
eleven persons, citizens of the United States, to include representatives competent in the fields of
history, archaeology, architecture, and human geography, who shall be appointed by the Secretary
and serve a t his pleasure. T he memb ers of such b oard shall re ceive no sala ry but may be paid
expenses incidental to travel when en gaged in their duties as such mem bers.
It shall be the du ty of such boa rd to advise on any matter s relating to natio nal parks an d to
the administration of this Act submitted to it for considera tion by the Secretary. It may also
recommend policies to the Secretary from time to time pertaining to national parks and to the
restoration, re construction . conservatio n, and gene ral administra tion of historic an d archaeo logic
sites, buildings, and properties.
S EC . 4. The Secretary, in administering this Act, is authorized to cooperate with and may
seek and accept the assistance of any Federal, State, or municipal department or agency, or any
education al or scientific institution , or any patrio tic association , or any individ ual.
(b) W hen deem ed necessa ry, technical ad visory com mittees may b e established to act in
an advisory capacity in connection with the restoration or reconstruction of any historic or
prehistoric b uilding or struc ture.
(c) Such professional and technical assistance may be employed without regard to the
civil-service laws, and such service may be established as may be required to accomplish the
purposes of this Act and for which money may be appropriated by Congress or made available by
gifts for such purpose.
S EC . 5. Nothing in this Act shall be held to deprive any State, or political subdivision
thereof, of its civil and criminal jurisdiction in and over lands acquired by the United States under
this Act.
S EC . 6. There is authorized to be appropriated for carrying out the purposes of this Act
such sums as the Congress may from time to time determine.
S EC . 7. The provisions of this Act shall control if any of them are in conflict with any
other Act or Acts relating to the same subject matter.
Approved, August 21, 1935.


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