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16 U.S.C. § 470hh — Confidentiality of information concerning nature and location of archaeological resources
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.
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Source file: Laws/federal/codes/united-states-code/title-16/section-470hh-confidentiality-of-information-concerning-nature-and-location-of-archaeo--8ea7fc38f3.md
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Source location: Title 16, Chapter 1B, § 470hh; chapter-1b-archaeological-resources-protection.md
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**(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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470cc
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Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 16—CONSERVATION
§ 470hh
(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 re-
sources 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 pen-
alties collected pursuant to section 470ff of this
title and for the transfer to such Indian or In-
dian tribe of all items forfeited under this sec-
tion.
(Pub. L. 96–95, § 8, Oct. 31, 1979, 93 Stat. 726.)
§ 470hh.
Confidentiality
of
information
con-
cerning nature and location of archae-
ological resources
(a) Disclosure of information
Information concerning the nature and loca-
tion 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 provi-
sion of law unless the Federal land manager con-
cerned 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 re-
sources 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 infor-
mation is sought,
(2) the purpose for which such information is
sought,
(3) a commitment by
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470hh
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