Donations and Bequests of Money, Personal Property and Less than Fee Interests in Historic Property (16 U.S.C. § 470w-2)

Page 881

TITLE 16—CONSERVATION

(C) has demonstrated expertise in aspects
of historic preservation that are culturally
significant to Native Hawaiians.
The term includes, but is not limited to, the
Office of Hawaiian Affairs of the State of Hawaii and Hui Malama I Na Kupuna O Hawai’i
Nei, an organization incorporated under the
laws of the State of Hawaii.
(Pub. L. 89–665, title III, § 301, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3001;
amended Pub. L. 102–575, title XL, § 4019(a), Oct.
30, 1992, 106 Stat. 4763; Pub. L. 106–208, § 5(a)(10),
May 26, 2000, 114 Stat. 319.)
AMENDMENTS
2000—Par. (12)(C)(iii). Pub. L. 106–208 substituted
semicolon for comma after ‘‘Officer’’.
1992—Par. (1). Pub. L. 102–575, § 4019(a)(1), struck out
‘‘, except that in the case of any Federal program exempted under section 470v of this title, the agency administering such program shall not be treated as an
agency with respect to such program’’ after ‘‘title 5’’.
Par. (2). Pub. L. 102–575, § 4019(a)(2), substituted ‘‘the
Trust Territory of the Pacific Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and, upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the
Republic of Palau’’ for ‘‘the Trust Territories of the Pacific Islands’’.
Par. (4). Pub. L. 102–575, § 4019(a)(3), amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
‘‘ ‘Indian tribe’ means the governing body of any Indian
tribe, band, nation, or other group which is recognized
as an Indian tribe by the Secretary of the Interior and
for which the United States holds land in trust or restricted status for that entity or its members. Such
term also includes any Native village corporation, regional corporation, and Native Group established pursuant to the Alaska Native Claims Settlement Act.’’
Par. (5). Pub. L. 102–575, § 4019(a)(4), substituted ‘‘Register, including artifacts, records, and material remains related to such a property or resource.’’ for
‘‘Register; such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.’’
Par. (7). Pub. L. 102–575, § 4019(a)(5), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
‘‘ ‘Undertaking’ means any action as described in section 470f of this title.’’
Par. (8). Pub. L. 102–575, § 4019(a)(6), substituted
‘‘maintenance, research, interpretation, conservation,
and education and training regarding the foregoing activities,’’ for ‘‘maintenance and reconstruction,’’.
Par. (9). Pub. L. 102–575, § 4019(a)(7), substituted ‘‘definable area’’ for ‘‘definable urban area’’.
Par. (10). Pub. L. 102–575, § 4019(a)(8), substituted ‘‘an
area’’ for ‘‘an urban area of one or more neighborhoods
and’’.
Par. (11). Pub. L. 102–575, § 4019(a)(9), inserted ‘‘acting
through the Director of the National Park Service’’
after ‘‘of the Interior’’.
Par. (12)(B). Pub. L. 102–575, § 4019(a)(10), substituted
‘‘architecture, folklore, cultural anthropology, curation, conservation, and landscape architecture’’ for
‘‘and architecture’’.
Par. (13)(A). Pub. L. 102–575, § 4019(a)(11), substituted
‘‘prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture’’ for ‘‘archaeology’’.
Pars. (14) to (18). Pub. L. 102–575, § 4019(a)(12), added
pars. (14) to (18).
HISTORIC PRESERVATION FUND MATCHING GRANT
ASSISTANCE
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1382, provided in part: ‘‘That the Trust Territory of the Pacific
Islands is a State eligible for Historic Preservation

§ 470w–3

Fund matching grant assistance, in fiscal year 1993 and
thereafter, as authorized under 16 U.S.C. 470w(2)’’.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out
preceding section 1681 of Title 48, Territories and Insular Possessions.

§ 470w–1. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency is authorized to expend funds appropriated for its authorized programs for the purposes of activities
carried out pursuant to this subchapter, except
to the extent appropriations legislation expressly provides otherwise.
(Pub. L. 89–665, title III, § 302, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
§ 470w–2. Donations and bequests of money, personal property and less than fee interests in
historic property
(a) The Secretary is authorized to accept donations and bequests of money and personal
property for the purposes of this subchapter and
shall hold, use, expend, and administer the same
for such purposes.
(b) The Secretary is authorized to accept gifts
or donations of less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties. Nothing in this section or in any provision of this subchapter shall
be construed to affect or impair any other authority of the Secretary under other provision
of law to accept or acquire any property for conservation or preservation or for any other purpose.
(Pub. L. 89–665, title III, § 303, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
§ 470w–3. Access to information
(a) Authority to withhold from disclosure
The head of a Federal agency or other public
official receiving grant assistance pursuant to
this subchapter, after consultation with the Secretary, shall withhold from disclosure to the
public, information about the location, character, or ownership of a historic resource if the
Secretary and the agency determine that disclosure may—
(1) cause a significant invasion of privacy;
(2) risk harm to the historic resources; or
(3) impede the use of a traditional religious
site by practitioners.
(b) Access determination
When the head of a Federal agency or other
public official has determined that information
should be withheld from the public pursuant to
subsection (a) of this section, the Secretary, in
consultation with such Federal agency head or
official, shall determine who may have access to
the information for the purpose of carrying out
this subchapter.
(c) Consultation with Council
When the information in question has been developed in the course of an agency’s compliance