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16 U.S.C. § 470bb — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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
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Source file: Laws/federal/codes/united-states-code/title-16/section-470bb-definitions--75e19bf360.md
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Source location: Title 16, Chapter 1B, § 470bb; chapter-1b-archaeological-resources-protection.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Archaeological resource** — The term “archaeological resource” means an archaeological resource (as defined in [section 470bb of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470bb&num=0&edition=prelim)) that is Native American.
(2) **Cultural affiliation** — The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.
(3) **Cultural item** — The term “cultural item” means any 1 or more cultural items (as defined in section 2 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))).
(4) **Indian Tribe** — The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 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)).
(5) **Item Prohibited from Exportation** — The term “Item Prohibited from Exportation” means—
(A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by—
(i) [section 1170(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170/b&num=0&edition=prelim), as added 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.); or
(ii) any other Federal law or treaty;
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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 902
TITLE 16—CONSERVATION
§ 470bb
(2) these resources are increasingly endan-
gered
because
of
their
commercial
attractiveness;
(3) existing Federal laws do not provide ade-
quate protection to prevent the loss and de-
struction of these archaeological resources
and sites resulting from uncontrolled exca-
vations and pillage; and
(4) there is a wealth of archaeological infor-
mation which has been legally obtained by pri-
vate individuals for noncommercial purposes
and which could voluntarily be made available
to professional archaeologists and institu-
tions.
(b) The purpose of this chapter is to secure, for
the present and future benefit of the American
people, the protection of archaeological re-
sources and sites which are on public lands and
Indian lands, and to foster increased cooperation
and exchange of information between govern-
mental authorities, the professional archae-
ological community, and private individuals
having collections of archaeological resources
and data which were obtained before October 31,
1979.
(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Archaeological Resources Protection Act of 1979’.’’
GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION
Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as
the ‘‘Galisteo Basin Archaeological Sites Protection
Act’’, provided for the preservation, protection, and in-
terpretation of nationally significant archaeological
resources in the Galisteo Basin of New Mexico by desig-
nating Galisteo Basin Archaeological Protection Sites
and their acreage and provided for addition, deletion or
modification o
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470bb
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Federal law — U.S. Code and appendices · legal_authorities
Page 434
TITLE 43—PUBLIC LANDS
§ 1600l
1 So in original. Probably should be ‘‘of’’.
§ 1600l. Authorization of appropriations
There is authorized to be appropriated to the
Department of the Interior $600,000, through the
end of fiscal year 1990, in addition to any other
funds now available to the Department to dis-
charge its duties to implement sections 1600b to
1600k of this title and section 4029 of title 42:
Provided, That by mutual agreement, such funds
shall be made available to the Federal Emer-
gency Management Agency to discharge its du-
ties under section 4029 of title 42: Provided fur-
ther, That the provisions of sections 1600d and
1600e of this title shall not be affected by this
section: And Provided further, in addition, Indian
tribes may be eligible under Public Law 93–638
[25 U.S.C. 5301 et seq.] to contract for studies of
Indian lands required under the provisions of
this chapter.
(Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.)
Editorial Notes
REFERENCES IN TEXT
Public Law 93–638, referred to in text, is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian
Self-Determination and Education Assistance Act,
which is classified principally to chapter 46 (§ 5301 et
seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under
section 5301 of Title 25 and Tables.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1601
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