Public Law 119-73 (01/23/2026)

54 U.S.C. § 306114

Documentation of decisions respecting undertakings

section 306108 of this titlesection 306108 of this titleWith respect to any undertaking subject to that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to . The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts.

Pub. L. 113–287, § 3128 Stat. 3228(, , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

306114

16 U.S.C. 470h–2(l).

Pub. L. 89–665, title I, § 110(l), as added Pub. L. 102–575, title XL, § 4012(3), Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, § 5(a)(8), May 26, 2000, 114 Stat. 319.

Public Law 89–66580 Stat. 917The words “historic property” are substituted for “property included in or eligible for inclusion in the National Register” because of the definition of “historic property” in section 300308 of the new title. The words “to document a decision pursuant to this section” are substituted for “pursuant to such section” for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act (, ). The words “agreement pursuant to regulations issued by the Council” are substituted for “a section 106 memorandum”, and the word “agreement” is substituted for “memorandum”, for clarity and for consistency in the new section.