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16 USC CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-CITE-
16 USC CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-MISC1-
Sec.
470aa. Congressional findings and declaration of purpose.
470bb. Definitions.
470cc. Excavation and removal.
(a) Application for permit.
(b) Determinations by Federal land manager
prerequisite to issuance of permit.
(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.
(h) Permits issued under Antiquities Act of 1906.
(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.
470dd. Custody of archaeological resources.
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.
(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.
470ff. Civil penalties.
(a) Assessment by Federal land manager.
(b) Judicial review of assessed penalties;
collection of unpaid assessments.
(c) Hearings.
470gg. Enforcement.
(a) Rewards.
(b) Forfeitures.
(c) Disposition of penalties collected and items
forfeited in cases involving archaeological
resources excavated or removed from Indian
lands.
470hh. Confidentiality of information concerning nature and
location of archaeological resources.
(a) Disclosure of information.
(b) Request for disclosure by Governors.
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.
470jj. Cooperation with private individuals.
470kk. Savings provisions.
(a) Mining, mineral leasing, reclamation, and other
multiple uses.
(b) Private collections.
(c) Lands within chapter.
470ll. Annual report to Congress.
470mm. Surveying of lands; reporting of violations.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 410tt-3, 460uu-41,
460ccc-3, 460hhh-4, 460iii-5, 460jjj-1, 460ooo-5, 470a of this
title; title 20 section 4424; title 43 section 2102.

-End-



-CITE-
16 USC Sec. 470aa 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470aa. Congressional findings and declaration of purpose

-STATUTE-
(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.

-SOURCE-
(Pub. L. 96-95, Sec. 2, Oct. 31, 1979, 93 Stat. 721.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 96-95 provided that: "This Act [enacting
this chapter] may be cited as the 'Archaeological Resources
Protection Act of 1979'."

-End-



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16 USC Sec. 470bb 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470bb. Definitions

-STATUTE-
As 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.

-SOURCE-
(Pub. L. 96-95, Sec. 3, Oct. 31, 1979, 93 Stat. 721; Pub. L.
100-588, Sec. 1(a), Nov. 3, 1988, 102 Stat. 2983.)

-REFTEXT-
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in par. (5),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1601 of Title 43
and Tables.


-MISC1-
AMENDMENTS
1988 - Par. (3). Pub. L. 100-588 substituted a period for
semicolon at end.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 470ii of this title; title
10 section 2684.

-End-



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16 USC Sec. 470cc 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470cc. Excavation and removal

-STATUTE-
(a) Application for permit
Any person may apply to the Federal land manager for a permit to
excavate or remove any archaeological resource located on public
lands or Indian lands and to carry out activities associated with
such excavation or removal. The application shall be required,
under uniform regulations under this chapter, to contain such
information as the Federal land manager deems necessary, including
information concerning the time, scope, and location and specific
purpose of the proposed work.
(b) Determinations by Federal land manager prerequisite to issuance
of permit
A permit may be issued pursuant to an application under
subsection (a) of this section 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
If a permit issued under this section may result in harm to, or
destruction of, any religious or cultural site, as determined by
the Federal land manager, before issuing such permit, the Federal
land manager shall notify any Indian tribe which may consider the
site as having religious or cultural importance. Such notice shall
not be deemed a disclosure to the public for purposes of section
470hh of this title.
(d) Terms and conditions of permit
Any permit under this section shall contain such terms and
conditions, pursuant to uniform regulations promulgated under this
chapter, as the Federal land manager concerned deems necessary to
carry out the purposes of this chapter.
(e) Identification of individuals responsible for complying with
permit terms and conditions and other applicable laws
Each permit under this section shall identify the individual who
shall be responsible for carrying out the terms and conditions of
the permit and for otherwise complying with this chapter and other
law applicable to the permitted activity.
(f) Suspension or revocation of permits; grounds
Any permit issued under this section may be suspended by the
Federal land manager upon his determination that the permittee has
violated any provision of subsection (a), (b), or (c) of section
470ee of this title. Any such permit may be revoked by such Federal
land manager upon assessment of a civil penalty under section 470ff
of this title against the permittee or upon the permittee's
conviction under section 470ee of this title.
(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), 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 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 Antiquities Act of 1906
(1) No permit or other permission shall be required under the Act
of June 8, 1906 (16 U.S.C. 431-433), for any activity for which a
permit is issued under this section.
(2) Any permit issued under the Act of June 8, 1906 [16 U.S.C.
431-433], 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 the Act of June 8, 1906, 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
Issuance of a permit in accordance with this section and
applicable regulations shall not require compliance with section
470f of this title.
(j) Issuance of permits to State Governors for archaeological
activities on behalf of States or their educational institutions
Upon the written request of the Governor of any State, the
Federal land manager shall issue a permit, subject to the
provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g), (h),
and (i) of this section for the purpose of conducting
archaeological research, excavation, removal, and curation, on
behalf of the State or its educational institutions, to such
Governor or to such designee as the Governor deems qualified to
carry out the intent of this chapter.

-SOURCE-
(Pub. L. 96-95, Sec. 4, Oct. 31, 1979, 93 Stat. 722.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 8, 1906, referred to in subsecs. (g)(1) and (h), is
act June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities
Act of 1906, which is classified generally to sections 431, 432,
and 433 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 431 of this
title and Tables.
Following the enactment of this chapter, referred to in subsec.
(h)(2), means following the enactment of Pub. L. 96-95, approved
Oct. 31, 1979.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 470ee of this title; title
25 section 3002.

-End-



-CITE-
16 USC Sec. 470dd 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470dd. Custody of archaeological resources

-STATUTE-
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 the Act of June 27, 1960 (16 U.S.C.
469-469c) [16 U.S.C. 469-469c-1] or the Act of June 8, 1906 (16
U.S.C. 431-433).

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.

-SOURCE-
(Pub. L. 96-95, Sec. 5, Oct. 31, 1979, 93 Stat. 724.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 27, 1960 (16 U.S.C. 469-469c), referred to in par.
(2), is act June 27, 1960, Pub. L. 86-523, 74 Stat. 220, as
amended, which is classified generally to sections 469 to 469c-1 of
this title. For complete classification of this Act to the Code,
see Tables.
Act of June 8, 1906 (16 U.S.C. 431-433), referred to in par. (2),
is act June 8, 1906, ch. 3060, 34 Stat. 225, known as the
Antiquities Act of 1906, which is classified generally to sections
431, 432, and 433 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
431 of this title and Tables.

-End-



-CITE-
16 USC Sec. 470ee 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470ee. Prohibited acts and criminal penalties

-STATUTE-
(a) Unauthorized excavation, removal, damage, alteration, or
defacement of archaeological resources
No person may excavate, remove, damage, or otherwise alter or
deface, or attempt to excavate, remove, damage, or otherwise alter
or deface any archaeological resource located on public lands or
Indian lands unless such activity is pursuant to a permit issued
under section 470cc of this title, a permit referred to in section
470cc(h)(2) of this title, or the exemption contained in section
470cc(g)(1) of this title.
(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) of this
section, 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
No person may sell, purchase, exchange, transport, receive, or
offer to sell, purchase, or exchange, in interstate or foreign
commerce, any archaeological resource excavated, removed, sold,
purchased, exchanged, transported, or received in violation of any
provision, rule, regulation, ordinance, or permit in effect under
State or local law.
(d) Penalties
Any person who knowingly violates, or counsels, procures,
solicits, or employs any other person to violate, any prohibition
contained in subsection (a), (b), or (c) of this section shall,
upon conviction, be fined not more than $10,000 or imprisoned not
more than one year, or both: Provided, however, That if the
commercial or archaeological value of the archaeological resources
involved and the cost of restoration and repair of such resources
exceeds the sum of $500, such person shall be fined not more than
$20,000 or imprisoned not more than two years, or both. In the case
of a second or subsequent such violation upon conviction such
person shall be fined not more than $100,000, or imprisoned not
more than five years, or both.
(e) Effective date
The prohibitions contained in this section shall take effect on
October 31, 1979.
(f) Prospective application
Nothing in subsection (b)(1) of this section shall be deemed
applicable to any person with respect to an archaeological resource
which was in the lawful possession of such person prior to October
31, 1979.
(g) Removal of arrowheads located on ground surface
Nothing in subsection (d) of this section shall be deemed
applicable to any person with respect to the removal of arrowheads
located on the surface of the ground.

-SOURCE-
(Pub. L. 96-95, Sec. 6, Oct. 31, 1979, 93 Stat. 724; Pub. L.
100-588, Sec. 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)


-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-588, Sec. 1(b), inserted ", or
attempt to excavate, remove, damage, or otherwise alter or deface"
after "deface".
Subsec. (d). Pub. L. 100-588, Sec. 1(c), substituted "$500" for
"$5,000".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 470cc, 470gg of this
title.

-End-



-CITE-
16 USC Sec. 470ff 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470ff. Civil penalties

-STATUTE-
(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) of this section 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
Hearings held during proceedings for the assessment of civil
penalties authorized by subsection (a) of this section shall be
conducted in accordance with section 554 of title 5. The Federal
land manager may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and
documents, and administer oaths. Witnesses summoned shall be paid
the same fees and mileage that are paid to witnesses in the courts
of the United States. In case of contumacy or refusal to obey a
subpena served upon any person pursuant to this paragraph, the
district court of the United States for any district in which such
person is found or resides or transacts business, upon application
by the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and
give testimony before the Federal land manager or to appear and
produce documents before the Federal land manager, or both, and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.

-SOURCE-
(Pub. L. 96-95, Sec. 7, Oct. 31, 1979, 93 Stat. 725.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 470cc, 470gg of this
title.

-End-



-CITE-
16 USC Sec. 470gg 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470gg. Enforcement

-STATUTE-
(a) Rewards
Upon the certification of the Federal land manager concerned, the
Secretary of the Treasury is directed to pay from penalties and
fines collected under sections 470ee and 470ff of this title an
amount equal to one-half of such penalty or fine, but not to exceed
$500, to any person who furnishes information which leads to the
finding of a civil violation, or the conviction of criminal
violation, with respect to which such penalty or fine was paid. If
several persons provided such information, such amount shall be
divided among such persons. No officer or employee of the United
States or of any State or local government who furnishes
information or renders service in the performance of his official
duties shall be eligible for payment under this subsection.
(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
In cases in which a violation of the prohibition contained in
subsection (a), (b), or (c) of section 470ee of this title involve
archaeological resources excavated or removed from Indian lands,
the Federal land manager or the court, as the case may be, shall
provide for the payment to the Indian or Indian tribe involved of
all penalties collected pursuant to section 470ff of this title and
for the transfer to such Indian or Indian tribe of all items
forfeited under this section.

-SOURCE-
(Pub. L. 96-95, Sec. 8, Oct. 31, 1979, 93 Stat. 726.)

-End-



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16 USC Sec. 470hh 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470hh. Confidentiality of information concerning nature and
location of archaeological resources

-STATUTE-
(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 the Act of June 27,
1960 (16 U.S.C. 469-469c) [16 U.S.C. 469-469c-1], 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) of this section,
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.

-SOURCE-
(Pub. L. 96-95, Sec. 9, Oct. 31, 1979, 93 Stat. 727.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 27, 1960 (16 U.S.C. 469-469c), referred to in subsec.
(a)(1), is act June 27, 1960, Pub. L. 86-523, 74 Stat. 220, as
amended, which is classified generally to sections 469 to 469c-1 of
this title. For complete classification of this Act to the Code,
see Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 470cc of this title.

-End-



-CITE-
16 USC Sec. 470ii 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470ii. Rules and regulations; intergovernmental coordination

-STATUTE-
(a) Promulgation; effective date
The Secretaries of the Interior, Agriculture and Defense and the
Chairman of the Board of the Tennessee Valley Authority, after
consultation with other Federal land managers, Indian tribes,
representatives of concerned State agencies, and after public
notice and hearing, shall promulgate such uniform rules and
regulations as may be appropriate to carry out the purposes of this
chapter. Such rules and regulations may be promulgated only after
consideration of the provisions of the American Indian Religious
Freedom Act (92 Stat. 469; 42 U.S.C. 1996 [, 1996a]). Each uniform
rule or regulation promulgated under this chapter shall be
submitted on the same calendar day to the Committee on Energy and
Natural Resources of the United States Senate and to the Committee
on Natural Resources of the United States House of Representatives,
and no such uniform rule or regulation may take effect before the
expiration of a period of ninety calendar days following the date
of its submission to such Committees.
(b) Federal land managers' rules
Each Federal land manager shall promulgate such rules and
regulations, consistent with the uniform rules and regulations
under subsection (a) of this section, as may be appropriate for the
carrying out of his functions and authorities under this chapter.
(c) Federal land managers' public awareness program of
archaeological resources on public lands and Indian lands
Each Federal land manager shall establish a program to increase
public awareness of the significance of the archaeological
resources located on public lands and Indian lands and the need to
protect such resources.

-SOURCE-
(Pub. L. 96-95, Sec. 10, Oct. 31, 1979, 93 Stat. 727; Pub. L.
100-588, Sec. 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub. L. 103-437,
Sec. 6(d)(30), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-333, div.
I, title VIII, Sec. 814(d)(2)(A), Nov. 12, 1996, 110 Stat. 4196.)

-REFTEXT-
REFERENCES IN TEXT
The American Indian Religious Freedom Act, referred to in subsec.
(a), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended,
which is classified to sections 1996 and 1996a of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 1996 of
Title 42 and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-333 struck out at end "Each such
land manager shall submit an annual report to the Committee on
Natural Resources of the United States House of Representatives and
to the Committee on Energy and Natural Resources of the United
States Senate regarding the actions taken under such program."
1994 - Subsecs. (a), (c). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1988 - Subsec. (c). Pub. L. 100-588 added subsec. (c).

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
16 USC Sec. 470jj 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470jj. Cooperation with private individuals

-STATUTE-
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.

-SOURCE-
(Pub. L. 96-95, Sec. 11, Oct. 31, 1979, 93 Stat. 727.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 470ll of this title.

-End-



-CITE-
16 USC Sec. 470kk 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470kk. Savings provisions

-STATUTE-
(a) Mining, mineral leasing, reclamation, and other multiple uses
Nothing in this chapter shall be construed to repeal, modify, or
impose additional restrictions on the activities permitted under
existing laws and authorities relating to mining, mineral leasing,
reclamation, and other multiple uses of the public lands.
(b) Private collections
Nothing in this chapter applies to, or requires a permit for, the
collection for private purposes of any rock, coin, bullet, or
mineral which is not an archaeological resource, as determined
under uniform regulations promulgated under section 470bb(1) of
this title.
(c) Lands within chapter
Nothing in this chapter shall be construed to affect any land
other than public land or Indian land or to affect the lawful
recovery, collection, or sale of archaeological resources from land
other than public land or Indian land.

-SOURCE-
(Pub. L. 96-95, Sec. 12, Oct. 31, 1979, 93 Stat. 728.)

-End-



-CITE-
16 USC Sec. 470ll 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470ll. Annual report to Congress

-STATUTE-
As part of the annual report required to be submitted to the
specified committees of the Congress pursuant to section 469a-3(c)
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.

-SOURCE-
(Pub. L. 96-95, Sec. 13, Oct. 31, 1979, 93 Stat. 728.)

-End-



-CITE-
16 USC Sec. 470mm 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

-HEAD-
Sec. 470mm. Surveying of lands; reporting of violations

-STATUTE-
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.

-SOURCE-
(Pub. L. 96-95, Sec. 14, as added Pub. L. 100-555, Oct. 28, 1988,
102 Stat. 2778.)

-End-




-HEAD-