US (United States) Code. Title 16. Chapter 1B: Archaeological resources protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 23 páginas
publicidad

-CITE-

16 USC CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION 01/06/03

-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.

-CITE-

16 USC Sec. 470aa 01/06/03

-EXPCITE-

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'.''

-CITE-

16 USC Sec. 470bb 01/06/03

-EXPCITE-

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.

-MISC2-

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.

-CITE-

16 USC Sec. 470cc 01/06/03

-EXPCITE-

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.

-CITE-

16 USC Sec. 470dd 01/06/03

-EXPCITE-

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.

-CITE-

16 USC Sec. 470ee 01/06/03

-EXPCITE-

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.

-CITE-

16 USC Sec. 470ff 01/06/03

-EXPCITE-

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.

-CITE-

16 USC Sec. 470gg 01/06/03

-EXPCITE-

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.)

-CITE-

16 USC Sec. 470hh 01/06/03

-EXPCITE-

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.

-CITE-

16 USC Sec. 470ii 01/06/03

-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.

-MISC2-

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.

-CITE-

16 USC Sec. 470jj 01/06/03

-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.

-CITE-

16 USC Sec. 470kk 01/06/03

-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.)

-CITE-

16 USC Sec. 470ll 01/06/03

-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.)

-CITE-

16 USC Sec. 470mm 01/06/03

-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.)

-MISC1-

-CITE-