Collapse to view only § 470bb. Definitions
- § 470aa. Congressional findings and declaration of purpose
- § 470bb. Definitions
- § 470cc. Excavation and removal
- § 470dd. Custody of archaeological resources
- § 470ee. Prohibited acts and criminal penalties
- § 470ff. Civil penalties
- § 470gg. Enforcement
- § 470hh. Confidentiality of information concerning nature and location of archaeological resources
- § 470ii. Rules and regulations; intergovernmental coordination
- § 470jj. Cooperation with private individuals
- § 470kk. Savings provisions
- § 470ll. Annual report to Congress
- § 470mm. Surveying of lands; reporting of violations
§ 470aa. Congressional findings and declaration of purpose
(a) The Congress finds that—
(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
(b) The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.
(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)
§ 470bb. DefinitionsAs used in this chapter—
(1) The term “archaeological resource” means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
(2) The term “Federal land manager” means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this chapter of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term “Federal land manager” means the Secretary of the Interior.
(3) The term “public lands” means—
(A) lands which are owned and administered by the United States as part of—
(i) the national park system,
(ii) the national wildlife refuge system, or
(iii) the national forest system; and
(B) all other lands the fee title to which is held by the United States, other than lands on the Outer Continental Shelf and lands which are under the jurisdiction of the Smithsonian Institution.
(4) The term “Indian lands” means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual.
(5) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.].
(6) The term “person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any State or political subdivision thereof.
(7) The term “State” means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
(Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100–588, § 1(a), Nov. 3, 1988, 102 Stat. 2983.)
§ 470cc. Excavation and removal
(a) Application for permit
(b) Determinations by Federal land manager prerequisite to issuance of permit
A permit may be issued pursuant to an application under subsection (a) if the Federal land manager determines, pursuant to uniform regulations under this chapter, that—
(1) the applicant is qualified, to carry out the permitted activity,
(2) the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,
(3) the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and
(4) the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.
(c) Notification to Indian tribes of possible harm to or destruction of sites having religious or cultural importance
(d) Terms and conditions of permit
(e) Identification of individuals responsible for complying with permit terms and conditions and other applicable laws
(f) Suspension or revocation of permits; grounds
(g) Excavation or removal by Indian tribes or tribe members; excavation or removal of resources located on Indian lands
(1) No permit shall be required under this section or under the Act of June 8, 1906 (16 U.S.C. 431),1
1 See References in Text note below.
for the excavation or removal by any Indian tribe or member thereof of any archaeological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal of archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this section.(2) In the case of any permits for the excavation or removal of any archaelogical 2
2 So in original. Probably should be “archaeological”.
resource located on Indian lands, the permit may be granted only after obtaining the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such terms and conditions as may be requested by such Indian or Indian tribe.(h) Permits issued under chapter 3203 of title 54
(1) No permit or other permission shall be required under chapter 3203 of title 54 for any activity for which a permit is issued under this section.
(2) Any permit issued under chapter 3203 of title 54 shall remain in effect according to its terms and conditions following the enactment of this chapter. No permit under this chapter shall be required to carry out any activity under a permit issued under chapter 3203 of title 54 before October 31, 1979, which remains in effect as provided in this paragraph, and nothing in this chapter shall modify or affect any such permit.
(i) Compliance with provisions relating to undertakings on property listed in the National Register not required
(j) Issuance of permits to State Governors for archaeological activities on behalf of States or their educational institutions
(Pub. L. 96–95, § 4, Oct. 31, 1979, 93 Stat. 722; Pub. L. 113–287, § 5(d)(6), Dec. 19, 2014, 128 Stat. 3264.)
§ 470dd. Custody of archaeological resources
The Secretary of the Interior may promulgate regulations providing for—
(1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands and Indian lands pursuant to this chapter, and
(2) the ultimate disposition of such resources and other resources removed pursuant to chapter 3125 or chapter 3203 of title 54.
Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands shall be subject to the consent of the Indian or Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section, notwithstanding any other provision of law, such regulations shall govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this chapter.
(Pub. L. 96–95, § 5, Oct. 31, 1979, 93 Stat. 724; Pub. L. 113–287, § 5(d)(7), Dec. 19, 2014, 128 Stat. 3264.)
§ 470ee. Prohibited acts and criminal penalties
(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources
(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law
No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—
(1) the prohibition contained in subsection (a), or
(2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law
(d) Penalties
(e) Effective date
(f) Prospective application
(g) Removal of arrowheads located on ground surface
(Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100–588, § 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)
§ 470ff. Civil penalties
(a) Assessment by Federal land manager
(1) Any person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a civil penalty by the Federal land manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.
(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—
(A) the archaeological or commercial value of the archaeological resource involved, and
(B) the cost of restoration and repair of the resource and the archaeological site involved.
Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty may be double the amount which would have been assessed if such violation were the first violation by such person. The amount of any penalty assessed under this subsection for any violation shall not exceed an amount equal to double the cost of restoration and repair of resources and archaeological sites damaged and double the fair market value of resources destroyed or not recovered.
(3) No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.
(b) Judicial review of assessed penalties; collection of unpaid assessments
(1) Any person aggrieved by an order assessing a civil penalty under subsection (a) may file a petition for judicial review of such order with the United States District Court for the District of Columbia or for any other district in which such a person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the record made before the Federal land manager and shall sustain his action if it is supported by substantial evidence on the record considered as a whole.
(2) If any person fails to pay an assessment of a civil penalty—
(A) after the order making the assessment has become a final order and such person has not filed a petition for judicial review of the order in accordance with paragraph (1), or
(B) after a court in an action brought under paragraph (1) has entered a final judgment upholding the assessment of a civil penalty,
the Federal land managers may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the validity and amount of such penalty shall not be subject to review.
(c) Hearings
(Pub. L. 96–95, § 7, Oct. 31, 1979, 93 Stat. 725.)
§ 470gg. Enforcement
(a) Rewards
(b) Forfeitures
All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of section 470ee of this title occurred and which are in the possession of any person, and all vehicles and equipment of any person which were used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case may be) subject to forfeiture to the United States upon—
(1) such person’s conviction of such violation under section 470ee of this title,
(2) assessment of a civil penalty against such person under section 470ff of this title with respect to such violation, or
(3) a determination by any court that such archaeological resources, vehicles, or equipment were involved in such violation.
(c) Disposition of penalties collected and items forfeited in cases involving archaeological resources excavated or removed from Indian lands
(Pub. L. 96–95, § 8, Oct. 31, 1979, 93 Stat. 726.)
§ 470hh. Confidentiality of information concerning nature and location of archaeological resources
(a) Disclosure of information
Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provision of law unless the Federal land manager concerned determines that such disclosure would—
(1) further the purposes of this chapter or chapter 3125 of title 54, and
(2) not create a risk of harm to such resources or to the site at which such resources are located.
(b) Request for disclosure by Governors
Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state—
(1) the specific site or area for which information is sought,
(2) the purpose for which such information is sought,
(3) a commitment by the Governor to adequately protect the confidentiality of such information to protect the resource from commercial exploitation,
the Federal land manager concerned shall provide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Governor.
(Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727; Pub. L. 113–287, § 5(d)(8), Dec. 19, 2014, 128 Stat. 3265.)
§ 470ii. Rules and regulations; intergovernmental coordination
(a) Promulgation; effective date
(b) Federal land managers’ rules
(c) Federal land managers’ public awareness program of archaeological resources on public lands and Indian lands
(Pub. L. 96–95, § 10, Oct. 31, 1979, 93 Stat. 727; Pub. L. 100–588, § 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub. L. 103–437, § 6(d)(30), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(A), Nov. 12, 1996, 110 Stat. 4196.)
§ 470jj. Cooperation with private individuals
The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between—
(1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this chapter, and
(2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.
In carrying out this section, the Secretary shall, to the extent practicable and consistent with the provisions of this chapter, make efforts to expand the archaeological data base for the archaeological resources of the United States through increased cooperation between private individuals referred to in paragraph (1) and professional archaeologists and archaeological organizations.
(Pub. L. 96–95, § 11, Oct. 31, 1979, 93 Stat. 727.)
§ 470kk. Savings provisions
(a) Mining, mineral leasing, reclamation, and other multiple uses
(b) Private collections
(c) Lands within chapter
(Pub. L. 96–95, § 12, Oct. 31, 1979, 93 Stat. 728.)
§ 470ll. Annual report to Congress
As part of the annual report required to be submitted to the specified committees of the Congress pursuant to section 469a–3(c) 1
1 See References in Text note below.
of this title, the Secretary of the Interior shall comprehensively report as a separate component on the activities carried out under the provisions of this chapter, and he shall make such recommendations as he deems appropriate as to changes or improvements needed in the provisions of this chapter. Such report shall include a brief summary of the actions undertaken by the Secretary under section 470jj of this title, relating to cooperation with private individuals.(Pub. L. 96–95, § 13, Oct. 31, 1979, 93 Stat. 728.)
§ 470mm. Surveying of lands; reporting of violations
The Secretaries of the Interior, Agriculture, and Defense and the Chairman of the Board of the Tennessee Valley Authority shall—
(a) develop plans for surveying lands under their control to determine the nature and extent of archeological resources on those lands;
(b) prepare a schedule for surveying lands that are likely to contain the most scientifically valuable archeological resources; and
(c) develop documents for the reporting of suspected violations of this chapter and establish when and how those documents are to be completed by officers, employees, and agents of their respective agencies.
(Pub. L. 96–95, § 14, as added Pub. L. 100–555, Oct. 28, 1988, 102 Stat. 2778.)