16 U.S.C. § 470hh — Untitled legal text

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 the Governor to ade- quately protect the confidentiality of such in- formation to protect the resource from com- mercial exploitation, the Federal land manager concerned shall pro- vide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Governor. (Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727; Pub. L. 113–287, § 5(d)(8), Dec. 19, 2014, 128 Stat. 3265.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–287, which directed substitution of ‘‘chapter 3125 of title 54’’ for ‘‘the Act of June 27, 1960 (16 U.S.C. 469–469c)’’ in subsec. (a)(2), was executed by making the substitution in subsec. (a)(1), to reflect the probable intent of Congress. § 470ii. Rules and regulations; intergovernmental coordination (a) Promulgation; effective date The Secretaries of the Interior, Agriculture and Defense and the Chairman of the Board of the Tennessee Valley Authority, after consulta- tion with other Federal land managers, Indian tribes, representatives of concerned State agen- cies, and after public notice and hearing, shall promulgate such uniform rules and regulations as may be appropriate to carry out the purposes of this chapter. Such rules and regulations may be promulgated only after consideration of the provisions of the American Indian Religious Freedom Act (92 Stat. 469; 42 U.S.C. 1996 [, 1996a]). Each uniform rule or regulation pro- mulgated under this chapter shall be submitted on the same calendar day to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Natural Resources of the United States House of Rep- resentatives, and no such uniform rule or regu- lation may take effect before the expiration of a period of ninety calendar days following the date of its submission to such Committees. (b) Federal land managers’ rules Each Federal land manager shall promulgate such rules and regulations, consistent with the uniform rules and regulations under subsection (a), as may be appropriate for the carrying out of his functions and authorities under this chap- ter. (c) Federal land managers’ public awareness pro- gram of archaeological resources on public lands and Indian lands Each Federal land manager shall establish a program to increase public awareness of the sig- nificance of the archaeological resources located on public lands and Indian lands and the need to protect such resources. (Pub. L. 96–95, § 10, Oct. 31, 1979, 93 Stat. 727; Pub. L. 100–588, § 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub. L. 103–437, § 6(d)(30), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(A), Nov. 12, 1996, 110 Stat. 4196.) Editorial Notes REFERENCES IN TEXT The American Indian Religious Freedom Act, re- ferred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–333 struck out at end ‘‘Each such land manager shall submit an annual re- port to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate regarding the actions taken under such program.’’ 1994—Subsecs. (a), (c). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1988—Subsec. (c). Pub. L. 100–588 added subsec. (c). § 470jj. Cooperation with private individuals The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between—