16 U.S.C. § 470bb — Definitions

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. Page 903 TITLE 16—CONSERVATION § 470cc 1 See References in Text note below. 2 So in original. Probably should be ‘‘archaeological’’. § 470cc. Excavation and removal (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 asso- ciated with such excavation or removal. The ap- plication shall be required, under uniform regu- lations under this chapter, to contain such in- formation 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 pre- requisite to issuance of permit A permit may be issued pursuant to an appli- cation under subsection (a) if the Federal land manager determines, pursuant to uniform regu- lations 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 ar- chaeological records and data will be pre- served 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 re- sult 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 reli- gious or cultural importance. Such notice shall not be deemed a disclosure to the public for pur- poses of section 470hh of this title. (d) Terms and conditions of permit Any permit under this section shall contain such terms and conditions, pursuant to uniform regulations promulgated under this chapter, as the Federal land manager concerned deems nec- essary to carry out the purposes of this chapter. (e) Identification of individuals responsible for complying with permit terms and conditions and other applicable laws Each permit under this section shall identify the individual who shall be responsible for car- rying out the terms and conditions of the permit and for otherwise complying with this chapter and other law applicable to the permitted activ- ity. (f) Suspension or revocation of permits; grounds Any permit issued under this section may be suspended by the Federal land manager upon his determination that the permittee has violated any provision of subsection (a), (b), or (c) of sec- tion 470ee of this title. Any such permit may be revoked by such Federal land manager upon as- sessment of a civil penalty under section 470ff of this title against the permittee or upon the per- mittee’s conviction under section 470ee of this title. (g) Excavation or removal by Indian tribes or tribe members; excavation or removal of re- sources located on Indian lands (1) No permit shall be required under this sec- tion or under the Act of June 8, 1906 (16 U.S.C. 431),1 for the excavation or removal by any In- dian tribe or member thereof of any archae- ological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal of ar- chaeological resources on Indian lands, an indi- vidual tribal member shall be required to obtain a permit under this section. (2) In the case of any permits for the exca- vation or removal of any archaelogical 2 re- source located on Indian lands, the permit may be granted only after obtaining the consent of the Indian or Indian tribe owning or having ju- risdiction over such lands. The permit shall in- clude such terms and conditions as may be re- quested by such Indian or Indian tribe. (h) Permits issued under chapter 3203 of title 54 (1) No permit or other permission shall be re- quired under chapter 3203 of title 54 for any ac- tivity for which a permit is issued under this section. (2) Any permit issued under chapter 3203 of title 54 shall remain in effect according to its terms and conditions following the enactment of this chapter. No permit under this chapter shall be required to carry out any activity under a permit issued under chapter 3203 of title 54 be- fore October 31, 1979, which remains in effect as provided in this paragraph, and nothing in this chapter shall modify or affect any such permit. (i) Compliance with provisions relating to under- takings on property listed in the National Register not required Issuance of a permit in accordance with this section and applicable regulations shall not re- quire compliance with section 306108 of title 54. (j) Issuance of permits to State Governors for ar- chaeological activities on behalf of States or their educational institutions Upon the written request of the Governor of any State, the Federal land manager shall issue a permit, subject to the provisions of sub- sections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) of this section for the purpose of conducting ar- chaeological research, excavation, removal, and curation, on behalf of the State or its edu- cational institutions, to such Governor or to such designee as the Governor deems qualified to carry out the intent of this chapter. (Pub. L. 96–95, § 4, Oct. 31, 1979, 93 Stat. 722; Pub. L. 113–287, § 5(d)(6), Dec. 19, 2014, 128 Stat. 3264.) Editorial Notes REFERENCES IN TEXT The Act of June 8, 1906, referred to in subsec. (g)(1), is act June 8, 1906, ch. 3060, 34 Stat. 225, known as the