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
[PUBLIC– No . 2 9 2 – 7 4TH CONGRESS]
[S. 2073 ]
AN ACT
To provide for the preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That it is hereby declared that it is a national policy to preserve for public use historic sites, buildings
and objects of national significance for the inspiration and benefit of the people of the United States.
SEC. 2. The Secretary or the Interior (hereinafter referred to as the Secretary), through the National
P ark Service , for the purposes of effectuating the policy ex pressed in section 1 here of, shall have
the following powers and perform the following duties an d functions:
(a) Secure , collate, and preserve drawings, plans, photographs, and other data of historic and
archaeologic 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) Make necessary investigations and researches in the United States relating to particular sites,
buildings, or objects to obtain true and ac curate historic al and archaeological 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 Secretary: 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
acquired without the consent o f the owner: Provided further, That no such property shall be acquired
or contract or agreement for the acquisition thereof mad e which will obligate the general fund o f
the Treasury for the payment of such property, unless or until Congress has appropriated money
which is available for that purpose.
(e) Contract and make cooperative agreements with States, municipal subdivisions, corporations,
associations, or individuals, with proper bond where deemed advisable, to protect, 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 desirable either to
accommodate the public or to facilitate administration: Provided, 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
reconstruct, operate, o r maintain any particular historic or archaeologic site, building, or property
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) Perform any and all acts, and. make such rules an d regulation s not inconsistent 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 proceedings.
SEC. 3. A general advisory boa rd to be known as the "Advisory Board on National Parks, 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. The members of such board shall receive no salary but may be paid expenses
incidental to travel when engaged in their duties as such members. It shall be the duty of such boa rd
to advise on any matter s relating to national parks an d to the administration of this Act submitted
to it for consideration by the Secretary. It may also recommend policies to the Secretary from time to
time pertaining to national parks and to the restoration, reconstruction, conservation, and general
administration of historic and archaeologic sites, buildings, and properties.
SEC. 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 patriotic association , or any individual.
(b) W hen deemed necessary, technical advisory committees may be established to act in an advisory
capacity in connection with the restoration or reconstruction of any historic or prehistoric building or
structure.
(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.
SEC. 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.
SEC. 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.

SEC. 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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File TitleHISTORIC SITES ACT OF 1935
File Modified2008-02-29
File Created2008-02-29

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