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16 U.S.C. § 470cc — Excavation and removal
Federal law — U.S. Code and appendices · legal_authorities
**(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) 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 c
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Source file: Laws/federal/codes/united-states-code/title-16/section-470cc-excavation-and-removal--1dd08dccc0.md
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Source location: Title 16, Chapter 1B, § 470cc; chapter-1b-archaeological-resources-protection.md
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**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470hh&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim). Any such permit may be revoked by such Federal land manager upon assessment of a civil penalty under [section 470ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ff&num=0&edition=prelim) against the permittee or upon the permittee’s conviction under [section 470ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section431&num=0&edition=prelim)),11 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 22 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** Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
**(b) Declarations.—**
(1) **1970 declarations.—** — Congress declares that—
(A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions;
(B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage;
(C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and
(D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System.
(2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc&num=0&edition=prelim), a permit referred to in [section 470cc(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/h/2&num=0&edition=prelim), or the exemption contained in [section 470cc(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/g/1&num=0&edition=prelim).
**(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** 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 viola
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ee
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title I, § 104, Oct. 15, 1966, 80 Stat. 917; Pub. L. 96–515, title II, § 204, Dec. 12, 1980, 94 Stat. 2994, related to loan insurance program for preservation of property included on National Register. See [section 303901 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section303901&num=0&edition=prelim), National Park Service and Related Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470f
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 8, 1906, ch. 3060, § 2, 34 Stat. 225, authorized declaration of national monuments. See section 320301(a) to (c) of Title 54, National Park Service and Related Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 431
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470hh
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Federal law — U.S. Code and appendices · legal_authorities
**(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 an
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ff
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Native American human remains and objects** The ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, shall be (with priority given in the order listed)—
(1) in the case of Native American human remains and associated funerary objects, in the lineal descendants of the Native American; or
(2) in any case in which such lineal descendants cannot be ascertained, and in the case of unassociated funerary objects, sacred objects, and objects of cultural patrimony—
(A) in the Indian tribe or Native Hawaiian organization on whose tribal land such objects or remains were discovered;
(B) in the Indian tribe or Native Hawaiian organization which has the closest cultural affiliation with such remains or objects and which, upon notice, states a claim for such remains or objects; or
(C) if the cultural affiliation of the objects cannot be reasonably ascertained and if the objects were discovered on Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of some Indian tribe— (1) in the Indian tribe that is recognized as aboriginally occupying the area in which the objects were discovered, if upon notice, such tribe states a claim for such remains or objects, or (2) if it can be shown by a preponderance of the evidence that a different tribe has a stronger cultural relationship with the remains or objects than the tribe or organization specified in paragraph (1), in the Indian tribe that has the strongest demonstrated relationship, if upon notice, such tribe states a claim for such remains or objects.
**(b) Unclaimed Native American human remains and objects** Native American cultural items not c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Export prohibitions**
(1) **In general** — It shall be unlawful for any person—
(A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B) to conspire with any person to engage in an activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph (A).
(2) **Penalties** — Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
(3) **Detention, forfeiture, and repatriation**
(A) *Detention and delivery* — The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation to the Secretary.
(B) *Forfeiture* — Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18 (including section 983(c) of that chapter).
(C) *Repatriation* — Any Item Prohibited from Exportation that is forfeited u
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Federal law — U.S. Code and appendices · legal_authorities
Page 530
TITLE 16—CONSERVATION
§ 431
and leaders, and other interested parties in
the preparation of the management plan.
(C) Inclusions
The plan shall include—
(i) consideration of opportunities for in-
volvement by and support for the Park by
State, county, and local governmental en-
tities and nonprofit organizations and
other interested parties; and
(ii) steps for the preservation of the re-
sources of the site and the costs associated
with these efforts.
(D) Submission to Congress
On the completion of the general manage-
ment plan, the Secretary shall submit a
copy of the plan to the Committee on Nat-
ural Resources of the House of Representa-
tives and the Committee on Energy and Nat-
ural Resources of the Senate.
(3) Cooperative agreements
The Secretary may enter into cooperative
agreements with State, county, local, and
civic organizations to carry out this section.
(c) Report
Not later than 3 years after March 30, 2009, the
Secretary shall submit to the Committee on En-
ergy and Natural Resources of the Senate and
the Committee on Natural Resources of the
House a report describing the progress made
with respect to acquiring real property under
this section and designating the River Raisin
National Battlefield Park.
(d) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 111–11, title VII, § 7003, Mar. 30, 2009, 123
Stat. 1188.)
Editorial Notes
REFERENCES IN TEXT
The National Park Service Organic Act (16 U.S.C. 1 et
seq.), referred to in subsec. (b)(1), is act Aug. 25, 1916,
ch. 408, 39 Stat. 535, which enacted sections 1, 2, 3, and
4 of this title and provisions set out as a note under
section 100101 of Title 54, National Park Service and
Related
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 431
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