146
2
LEGISLACION EN AMERICA
147
LEGISLACION EN AMERICA
2
ANEXO 1 | RECOPILACION DE NORMAS
INDICE
16 U.S.C. 470r — Direct Submission to the Congress
No officer or agency of the United States shall have any authority to require the Council to submit its legisla-
tive recommendations, or testimony, or comments on legislation to any officer or agency of the United States
for approval, comments, or review, prior to the submission of such recommendations, testimony, or com-
ments to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or review
of any officer or agency of the United States, the Council shall include a description of such actions in its
legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.
Section 211
16 U.S.C. 470s — Regulations for Section 106; local government participation
The Council is authorized to promulgate such rules and regulations as it deems necessary to govern the
implementation of section 106 of this Act in its entirety. The Council shall, by regulation, establish such
procedures as may be necessary to provide for participation by local governments in proceedings and
other actions taken by the Council with respect to undertakings referred to in section 106 of this Act
which affect such local governments.
Section 212
16 U.S.C. 470t(a) — Council appropriation authorization
(a) The Council shall submit its budget annually as a related agency of the Department of the Interior.
There are authorized to be appropriated for purposes of this title not to exceed $4,000,000 for each fis-
cal year 1997 through 2005.
16 U.S.C. 470t(b) — Concurrent submission of budget to Congress
(b) Whenever the Council submits any budget estimate or request to the President or the Office of
Management and Budget, it shall concurrently transmit copies of that estimate or request to the House
and Senate Appropriations Committees and the House Committee on Natural Resources and the Senate
Committee on Energy and Natural Resources.
Section 213
16 U.S.C. 470u — Reports from Secretary at request of Council
To assist the Council in discharging its responsibilities under this Act, the Secretary at the request of the
Chairman, shall provide a report to the Council detailing the significance of any historic property, de-
scribing the effects of any proposed undertaking on the affected property, and recommending measures
to avoid, minimize, or mitigate adverse effects.
Section 214
16 U.S.C. 470v — Exemptions for Federal activities from provisions of the Act
The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appro-
priate, under which Federal programs or undertakings may be exempted from any or all of the require-
ments of this Act when such exemption is determined to be consistent with the purposes of this Act,
taking into consideration the magnitude of the exempted undertaking or program and the likelihood of
impairment of historic properties.
Section 215
16 U.S.C. 470v-1 — Reimbursement from State and local agencies, etc.
Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and
local agencies and others pursuant to agreements executed in furtherance of the purposes of this Act.
Title III
Section 301
16 U.S.C. 470w— Definitions as used in this Act, the term—
(1) «Agency» means agency as such term is defined in section 551 of title 5 [United States Code].
(2) «State» means any State of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands,
and 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.
(3) «Local government» means a city, county, parish, township, municipality, or borough, or any other gen-
eral purpose political subdivision of any State.
(4) «Indian tribe» or «tribe» means an Indian tribe, band, nation, or other organized group or community, in-
cluding a Native village, Regional Corporation or Village Corporation, as those terms are defined in section
3 of the Alaska Native Claims Settlement Act [43 U.S.C. 1602], which is recognized as eligible for the special
programs and services provided by the United States to Indians because of their status as Indians.
(5) «Historic property» or «historic resource» means any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion on the National Register, including artifacts,
records, and material remains related to such a property or resource.
(6) «National Register» or «Register» means the National Register of Historic Places established under
section 101 of this Act.
(7) «Undertaking» means a project, activity, or program funded in whole or in part under the direct or
indirect jurisdiction of a Federal agency, including —
(A) those carried out by or on behalf of the agency;
(B) those carried out with Federal financial assistance;
(C) those requiring a Federal permit license, or approval; and
(D) those subject to State or local regulation administered pursuant to a delegation or approval by a
Federal agency.
(8) «Preservation» or «historic pres-ervation» includes identification, evaluation, recordation, documen-
tation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, main-
tenance, research, interpretation, conservation, and education and training regarding the foregoing
activities, or any combination of the foregoing activities.
(9) «Cultural park» means a definable area which is distinguished by historic resources and land related
to such resources and which constitutes an interpretive, educational, and recreational resource for the
public at large.
(10) «Historic conservation district» means an area which contains
(A) historic properties,
(B) buildings having similar or related architectural characteristics,
(C) cultural cohesiveness, or
