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

Page 901 TITLE 16—CONSERVATION § 470aa § 470w–2. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 303, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re- lated to donations and bequests of money, personal property and less than fee interests in historic prop- erty. See section 307107 of Title 54, National Park Serv- ice and Related Programs. § 470w–3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 304, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002; amended Pub. L. 102–575, title XL, § 4020, Oct. 30, 1992, 106 Stat. 4765, related to access to information. See sec- tion 307103 of Title 54, National Park Service and Re- lated Programs. § 470w–4. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 305, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re- lated to attorneys’ fees and costs to prevailing parties in civil actions. See section 307105 of Title 54, National Park Service and Related Programs. § 470w–5. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 306, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re- lated to National Museum for the Building Arts. Sub- secs. (a) to (c), (e), and (f) were repealed and restated in sections 305501 to 305505 of Title 54, National Park Serv- ice and Related Programs. Subsec. (d), which provided for renovation of the site of the Museum, was repealed as obsolete. § 470w–6. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 307, as added Pub. L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3004; amended Pub. L. 103–437, § 6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106–176, title I, § 120(a)(2), Mar. 10, 2000, 114 Stat. 28; Pub. L. 106–208, § 5(a)(11)–(13), May 26, 2000, 114 Stat. 319, related to ef- fective date of regulations. See section 307102 of Title 54, National Park Service and Related Programs. § 470w–7. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 308, as added Pub. L. 106–355, § 2, Oct. 24, 2000, 114 Stat. 1385; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 108–293, title VI, § 627, Aug. 9, 2004, 118 Stat. 1066, related to historic lighthouse preservation. See sections 305101 to 305105 of Title 54, National Park Service and Related Programs. § 470w–8. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title III, § 309, as added Pub. L. 106–355, § 3, Oct. 24, 2000, 114 Stat. 1389, related to his- toric light station sales. See section 305106 of Title 54, National Park Service and Related Programs. PART D—NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING § 470x. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 401, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4765, related to findings. § 470x–1. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 402, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766, provided definitions for this part. See section 305301 of Title 54, National Park Service and Related Programs. § 470x–2. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 403, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766, related to establishment of National Center for Preser- vation Technology and Training. See section 305302 of Title 54, National Park Service and Related Programs. § 470x–3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 404, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4766; amended Pub. L. 106–208, § 5(a)(14), May 26, 2000, 114 Stat. 319, related to Preservation Technology and Training Board. See section 305303 of Title 54, National Park Service and Related Programs. § 470x–4. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 405, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to preservation grants. See section 305304 of Title 54, National Park Service and Related Programs. § 470x–5. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to grants and transfers, contracts and coopera- tive agreements, and appropriations. See section 305305 of Title 54, National Park Service and Related Pro- grams. § 470x–6. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 89–665, title IV, § 407, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4768, related to National Park Service preservation. See sec- tion 305306 of Title 54, National Park Service and Re- lated Programs. CHAPTER 1B—ARCHAEOLOGICAL RESOURCES PROTECTION Sec. 470aa. Congressional findings and declaration of pur- pose. 470bb. Definitions. 470cc. Excavation and removal. 470dd. Custody of archaeological resources. 470ee. Prohibited acts and criminal penalties. 470ff. Civil penalties. 470gg. Enforcement. 470hh. Confidentiality of information concerning na- ture and location of archaeological re- sources. 470ii. Rules and regulations; intergovernmental co- ordination. 470jj. Cooperation with private individuals. 470kk. Savings provisions. 470ll. Annual report to Congress. 470mm. Surveying of lands; reporting of violations. § 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 irre- placeable part of the Nation’s heritage; 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 of the sites, administration, cooperative agreements, acquisition of land and interests, with- drawal of lands from mining and other public land laws, and construction of the Act. § 470bb. Definitions 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 regula- tions promulgated pursuant to this chapter. Such regulations containing such determi- nation 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 fos- silized paleontological specimens, or any por- tion or piece thereof, shall not be considered archaeological resources, under the regula- tions under this paragraph, unless found in ar- chaeological context. No item shall be treated as an archaeological resource under regula- tions 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 author- ity 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 respon- sibilities (in whole or in part) under this chap- ter 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 Inte- rior 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 adminis- tered 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 im- posed by the United States, except for any subsurface interests in lands not owned or con- trolled by an Indian tribe or an Indian indi- vidual. (5) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corpora- tion 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 in- strumentality of the United States, of any In- dian tribe, or of any State or political subdivi- sion thereof. (7) The term ‘‘State’’ means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. (Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100–588, § 1(a), Nov. 3, 1988, 102 Stat. 2983.) Editorial Notes 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, which is classified generally to chapter 33 (§ 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. AMENDMENTS 1988—Par. (3). Pub. L. 100–588 substituted a period for semicolon at end.