§ 2684 - Cooperative agreements for management of cultural resources

CHAPTER 159— REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY

(a) The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural resources. Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.

(b) To be covered by a cooperative agreement under subsection (a), cultural resources must be located—

(b)(1) on a military installation; or

(b)(2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.

(c) Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section.

(d) In this section, the term “cultural resource” means any of the following:

(d)(1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.

(d)(2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)).

(d)(3) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)).

(d)(4) An archaeological artifact collection and associated records covered by section 79 of title 36, Code of Federal Regulations.

(d)(5) An Indian sacred site, as defined in section 1(b)(iii) of Executive Order No. 13007.

Notes

Editorial Notes

References in Text

Executive Order No. 13007, referred to in subsec. (d)(5), is set out under section 1996 of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 2684, added Pub. L. 93–166, title V, § 509(a), Nov. 29, 1973, 87 Stat. 677, related to construction of family quarters and limitations on space, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2826 of this title.

Amendments

2015—Subsec. (d)(1). Pub. L. 114–92 substituted “section 302101 of title 54” for “section 2023.01 of title 54”.

2014—Subsec. (d)(1). Pub. L. 113–287, which directed the substitution of “section 2023.01 of title 54” for “section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))” in subsec. (c)(1), was executed by making the substitution in subsec. (d)(1) to reflect the probable intent of Congress and the prior redesignation of subsec. (c) as (d) by Pub. L. 110–181, § 2824(a)(2). See 2008 Amendment note below.

2008—Subsec. (a). Pub. L. 110–181, § 2824(a)(1), substituted “located on a site authorized by subsection (b)” for “on military installations”.

Subsecs. (b) to (d). Pub. L. 110–181, § 2824(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Subsec. (d)(5). Pub. L. 110–181, § 2824(b), added par. (5).

1997—Subsec. (b). Pub. L. 105–85 struck out “, United States Code,” after “title 31”.