The Antiquities Act of 1906

Antiquities Act of 1906
AS AMENDED
This Act became law on June 8, 1906 (34 Stat. 225, 16 U.S.C. 431-433) and has been amended
once. This description of the Act, as amended, tracks the language of the United States Code
except that (following common usage) we refer to the “Act” (meaning the Act, as amended)
rather than to the “subchapter” or the “title” of the Code.
16 U.S.C. 433,
Penalties for damage,
destruction, etc. of
antiquities

Section 1

16 U.S.C. 431,
Proclamation of
national monuments,
reservation of lands,
etc.

Section 2

16 U.S.C. 431a,
Limitation on more
national monuments
in Wyoming

No further extension or establishment of national monuments in Wyoming may be undertaken except by express
authorization of Congress.

Any person who shall appropriate, excavate, injure, or
destroy any historic or prehistoric ruin or monument, or any
object of antiquity, situated on lands owned or controlled by
the Government of the United States, without the permission of the Secretary of the Department of the Government
having jurisdiction over the lands on which said antiquities
are situated, shall, upon conviction, be fined in a sum of not
more than five hundred dollars or be imprisoned for a period
of not more than ninety days, or shall suffer both fine and
imprisonment, in the discretion of the court.
The President of the United States is authorized, in his
discretion, to declare by public proclamation historic
landmarks, historic and prehistoric structures, and other
objects of historic or scientific interest that are situated
upon the lands owned or controlled by the Government
of the United States to be national monuments, and may
reserve as a part thereof parcels of land, the limits of which
in all cases shall be confined to the smallest area compatible with proper care and management of the objects to
be protected. When such objects are situated upon a tract
covered by a bona fide unperfected claim or held in private
ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may
be relinquished to the Government, and the Secretary of
the Interior is hereby authorized to accept the relinquishment of such tracts in [sic] behalf of the Government of the
United States.

FEDERAL HISTORIC PRESERVATION LAWS

5

Antiquities Act of 1906

16 U.S.C. 432,
Permits for excavation, etc.

Section 3

16 U.S.C. 432,
Rules and regulations

Section 4

6

Permits for the examination of ruins, the excavation of
archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may
be granted by the Secretaries of the Interior, Agriculture,
and Army to institutions which they may deem properly
qualified to conduct such examination, excavation, or
gathering, subject to such rules and regulation as they may
prescribe: Provided, That the examinations, excavations,
and gatherings are undertaken for the benefit of reputable
museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing
the knowledge of such objects, and that the gatherings shall
be made for permanent preservation in public museums.
The Secretaries of the departments aforesaid shall make
and publish from time to time uniform rules and regulations
for the purpose of carrying out the provisions of this Act.

FEDERAL HISTORIC PRESERVATION LAWS