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16 U.S.C. § 470aa — Congressional findings and declaration of purpose

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470aa — Congressional findings and declaration of purpose

**(a)** The Congress finds that— (1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage; (2) these resources are increasingly endangered because of their commercial attractiveness; (3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and (4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions. **(b)** The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.

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Stable record: federal_law:legal_authorities:record_usc_9c3a37b837cfbff593b7b8d5
Source file: Laws/federal/codes/united-states-code/title-16/section-470aa-congressional-findings-and-declaration-of-purpose--a9278584ef.md
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Source location: Title 16, Chapter 1B, § 470aa; chapter-1b-archaeological-resources-protection.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410aaa–75 — Native American uses and interests

**(a) Access** The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]). **(b) Temporary closure** (1) **In general** — In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community. (2) **Limitation** — In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities. **(c) Study** (1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are loc

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410aaa–75

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410tt–3 — Administration

**(a) In general** The park shall be administered in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including, but not limited to, the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2–4) 11 See References in Text note below. and the Act of August 21, 1935 (49 Stat. 666; [16 U.S.C. 461–467](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461–467&num=0&edition=prelim)).1 In the case of any conflict between the provisions of this subchapter and such generally applicable provisions of law, the provisions of this subchapter shall govern. **(b) Cooperative agreements** The Secretary, after consulting with the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in this subchapter referred to as the “Commission”) established by [section 410tt–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section410tt-4&num=0&edition=prelim), is authorized to enter into cooperative agreements with the United States Virgin Islands, or any political subdivision thereof, for the management of the park and for other purposes. **(c) General management plan** (1) Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representative

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410tt–3

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460ccc–3 — Management plan

**(a) In general** (1) No later than January 1, 1997, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, a general management plan for the conservation area, which shall describe the appropriate uses and development of the conservation area consistent with the purposes of this subchapter. (2) The management plan described in paragraph (1) shall be developed with full public participation and shall include— (A) an implementation plan for a continuing program of interpretation and public education about the resources and values of the conservation area; (B) a proposal for administrative and public facilities to be developed, expanded, or improved for the conservation area including the Red Rock Canyon visitors center, to accommodate visitors to the conservation area; (C) a cultural resources management plan for the conservation area prepared in consultation with the Nevada State Historic Preservation Officer, with emphasis on the preservation of the resources in the conservation area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.) and the National Historic Preservation Act 11 See References in Text note below. within the conservation area; (D) a wildlife resource management plan for the conservation area prepared in consultation with appropriate departments of the State of Nevada and using previous studies of the area; and (E) a recreation management

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460ccc–3

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460hhh–4 — Management plan

**(a) In general** (1) **Procedures** — Not later than 3 full fiscal years after August 4, 1993, the Secretary shall develop a general management plan for the Recreation Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Such an amendment shall reflect the establishment of the Recreation Area and be consistent with the provisions of this subchapter, except that nothing in this subchapter shall require the Secretary to revise the Toiyabe National Forest Land and Resource Management Plan pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim). The provisions of the national forest land and resource management plan relating to the recreation 11 So in original. Probably should be capitalized. area 1 shall also be available to the public in a document separate from the rest of the forest plan. (2) **Contents** — The management plan described in paragraph (1) shall be developed with full public participation and shall include— (A) implementation plans for a continuing program of interpretation and public education about the resources and values of the Recreation Area; (B) proposals for public facilities to be developed, expanded, or improved for the Recreation Area, including one or more visitor centers to accommodate both local and out-of-State visitors; (C) plans for the management of natural and cultural resources in the Recreation Area, with emphasis on the preservation and long-term scientific use of archaeological resources, with priority in development given to the enforcement of the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460hhh–4

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460iii–5 — Other laws and administrative provisions

**(a) Other laws** (1) Nothing in this subchapter shall be construed to supersede, limit, or otherwise affect administration and enforcement of the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) or to limit the applicability of the National Trails System Act [[16 U.S.C. 1241](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1241&num=0&edition=prelim) et seq.] to any lands within the conservation area. (2) Except as otherwise specifically provided in this subchapter, nothing in this subchapter shall be construed as limiting the applicability to lands in the conservation area of laws applicable to public lands generally, including but not limited to the National Historic Preservation Act,11 See References in Text note below. the Archaeological Resources Protection Act of 1979 [[16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.], or the Native American Graves Protection and Repatriation Act [[25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.]. (3) Nothing in this subchapter shall be construed as by itself altering the status of any lands that on August 4, 1993, were not managed by the Bureau of Land Management. (4) Nothing in this subchapter shall be construed as prohibiting the Secretary from engaging qualified persons to use public lands within the conservation area for the propagation of plants (including seeds) to be used for vegetative enhancement of the conservation area in accordance with the plan and in furtherance of the purposes for which the conservation area is esta

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–5

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460jjj–1 — Administration

**(a) In general** The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of the recreation area. Management of the natural resources within the recreation area shall be permitted only to the extent that such management is compatible with and does not impair the purposes for which the recreation area is established. Recreational activities within the recreation area shall include (but not be limited to) hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and swimming. **(b) Management plan** The Secretary shall, no later than 5 years after October 12, 1993, develop a management plan for the recreation area, as an amendment to the Santa Fe National Forest Land and Resource Management Plan, to reflect the establishment of the recreation area and to conform to the provisions of this subchapter. Nothing in this subchapter shall require the Secretary to revise the Santa Fe Forest Land and Resource Management Plan pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim). During development of the management plan for the recreation area, the Secretary shall study newly designated land within the recreation area, and adjacent national forest land. **(c) Cultural resources** In administering the recreation area, the Secretary shall give particular emphasis to the preservation, stabilization, and protection of cultural resources located within the recreation area in furtherance of the Archaeological Resources Protection Act of 1979 [[16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-sect

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460jjj–1

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460ooo–5 — Management plan

**(a) Plan required** Not later than 2 years after December 6, 2000, the Secretary, through the Bureau of Land Management, shall develop and begin to implement a comprehensive management plan for the long-term management of the public lands within the Conservation Area in order to fulfill the purposes for which it is established, as set forth in section 460ooo–3(a) of this title. Consistent with the provisions of this subchapter, the management plan shall be developed— (1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full public participation; (2) from the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, as it applies to Federal lands or lands with conservation easements; and (3) in accordance with the resource goals and objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements. **(b) Contents** The management plan shall include— (1) provisions designed to ensure the protection of the resources and values described in section 460ooo–3(a) of this title; (2) an implementation plan for a continuing program of interpretation and public education about the resources and values of the Conservation Area; (3) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resource objectives for the Conservation Area and with the other proposed management activities to accommodate visitors to the Conservation Area; (4)

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460uu–41 — Management plans

**(a) Development and transmittal to Congress; contents** Within three full fiscal years following the fiscal year of enactment of this subchapter, the Secretary shall develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, separate general management plans for the monument and the conservation area which shall describe the appropriate uses and development of the monument and the conservation area consistent with the purposes of this subchapter. The plans shall include but not be limited to each of the following: (1) implementation plans for a continuing program of interpretation and public education about the resources and values of the monument and the conservation area; (2) proposals for public facilities to be developed for the conservation area or the monument, including a visitors center in the vicinity of Bandera Crater and a multiagency orientation center, to be located in or near Grants, New Mexico, and adjacent to Interstate 40, to accommodate visitors to western New Mexico; (3) natural and cultural resources management plans for the monument and the conservation area, with a particular emphasis on the preservation and long-term scientific use of archeological resources, giving high priority to the enforcement of the provisions of the Archeological 11 So in original. Probably should be “Archaeological”. Resources Protection Act of 1979 [[16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.] and the National Historic Preservation Act 22 See References in Text note below. within the monument and the conservation area. The natural and cultural resou

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4426 — Compliance with other Acts

**(a) In general** The Institute shall comply with the provisions of— (1) Public Law 95–341 ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), popularly known as the American Indian Religious Freedom Act, (2) the Archeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.), and (3) division A of subtitle III of title 54. **(b) Criminal laws** All Federal criminal laws relating to larceny, embezzlement, or conversion of the funds or the property of the United States shall apply to the funds and property of the Institute. **(c) Other Federal assistance** (1) Funds received by the institute 11 So in original. Probably should be capitalized. pursuant to this chapter 22 See References in Text note below. shall not be regarded as Federal money for purposes of meeting any matching requirements for any Federal grant, contract or cooperative agreement. (2) The Institute shall not be subject to any provision of law requiring that non-Federal funds or other moneys be used in part to fund any grant, contract, cooperative agreement, or project as a condition to the application for, or receipt of, Federal assistance. This subsection shall not be construed to effect 33 So in original. Probably should be “affect”. in a negative fashion the review, prioritization, or acceptance of any application or proposal for such a program, solicited or unsolicited.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3071 — Purposes

The purposes of this chapter are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protect

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3071

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