Archaeological Resources Protection Act of 1979

Archaeological Resources Protection Act of 1979
AS AMENDED

This Act became law on October 31, 1979 (Public Law 96-95; 16 U.S.C. 470aa-mm), and has
been amended four times. 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. 470aa,
Findings and purpose

Section 2
(a) The Congress finds that—
(1) archaeological resources on public lands and Indian
lands are an accessible and irreplaceable part of the
Nation’s heritage;
(2) these resources are increasingly endangered because
of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which
has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made
available to professional archaeologists and institutions.
(b) The purpose of this Act is to secure, for the present and
future benefit of the American people, the protection of
archaeological resources and sites which are on public lands
and Indian lands, and to foster increased cooperation and
exchange of information between governmental authorities, the professional archaeological community, and private
individuals having collections of archaeological resources
and data which were obtained before October 31, 1979 [the
date of the enactment of this Act].

16 U.S.C. 470bb,
Definitions

Section 3
As used in this Act—
(1) the term “archaeological resource” means any material remains of past human life or activities which are of
archaeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations
containing such determination shall include, but not

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Archaeological Resources Protection Act of 1979

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 fossilized paleontological specimens, or any portion or piece thereof, shall not
be considered archaeological resources, under the regulations under this paragraph, unless found in an archaeological context. No item shall be treated as an archaeological
resource under regulations 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 authority 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 responsibilities (in whole or in part) under
this Act 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
Interior 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 administered 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.

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Archaeological Resources Protection Act of 1979

(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 imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian
tribe or an Indian individual.
(5) The term “Indian tribe” means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional or village
corporation 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
instrumentality of the United States, of any Indian tribe, or
of any State or political subdivision thereof.
(7) The term “State” means any of the fifty States, the
District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
16 U.S.C. 470cc,
Excavation and
removal

16 U.S.C. 470cc(a),
Application for permit

16 U.S.C. 470cc(b),
Determinations by
Federal land manager
prerequisite to issuance of permit

Section 4
(a) 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 Act, 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) A permit may be issued pursuant to an application under
subsection (a) of this section if the Federal land manager
determines, pursuant to uniform regulations under this Act,
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,

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Archaeological Resources Protection Act of 1979

(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.
16 U.S.C. 470cc(c),
Notification to Indian
tribes of possible harm
to or destruction of
sites having religious
or cultural importance

(c) 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 cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 9 of this Act.

16 U.S.C. 470cc(d),
Terms and conditions
of permit

(d) Any permit under this section shall contain such terms
and conditions, pursuant to uniform regulations promulgated under this Act, as the Federal land manager concerned
deems necessary to carry out the purposes of this Act.

16 U.S.C. 470cc(e),
Identification of individuals responsible for
complying with permit
terms and conditions
and other applicable
laws

(e) Each permit under this section shall identify the individual who shall be responsible for carrying out the terms and
conditions of the permit and for otherwise complying with
this Act and other law applicable to the permitted activity.

16 U.S.C. 470cc(f),
Suspension or revocation of permits,
grounds

16 U.S.C. 470cc(g),
Excavation or removal
by Indian tribes or
tribe members, excavation or removal of
resources located on
Indian lands

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(f) 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 section 6 of this Act. Any such permit may be
revoked by such Federal land manager upon assessment of a
civil penalty under section 7 of this Act against the permittee
or upon the permittee’s conviction under section 6 of this
Act.
(g)(1) No permit shall be required under this section or
under the Act of June 8, 1906 (16 U.S.C. 431), for the excavation or removal by any Indian tribe or member thereof of
any archaeological resource located on Indian lands of such
Indian tribe, except that in the absence of tribal law regulating the excavation or removal of archaeological resources
on Indian lands, an individual tribal member shall be
required to obtain permit under this section.

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Archaeological Resources Protection Act of 1979

(2) In the case of any permits for the excavation or
removal of any archaeological resource located on Indian
lands, the permit may be granted only after obtaining the
consent of the Indian or Indian tribe owning or having
jurisdiction over such lands. The permit shall include such
terms and conditions as may be requested by such Indian or
Indian tribe.
16 U.S.C. 470cc(h),
Permits issued under
Antiquities Act of 1906

(h)(1) No permit or other permission shall be required
under the Act of June 8, 1906 (16 U.S.C. 431-433), for any
activity for which a permit is issued under this section.
(2) Any permit issued under the Act of June 8, 1906 [16
U.S.C. 431-433], shall remain in effect according to its terms
and conditions following the enactment of this Act. No permit under this Act shall be required to carry out any activity
under a permit issued under the Act of June 8, 1906, before
October 31, 1979 [the date of the enactment of this Act]
which remains in effect as provided in this paragraph, and
nothing in this Act shall modify or affect any such permit.

16 U.S.C. 470cc(i),
Compliance with
provisions relating to
undertakings on properties listed in National
Register not required
16 U.S.C. 470cc(j),
Issuance of permits
to State governors
for archaeological
activities on behalf of
States or their educational institutions
16 U.S.C. 470dd,
Custody of archaeological resources

(i) Issuance of a permit in accordance with this section and
applicable regulations shall not require compliance with
section 106 of the National Historic Preservation Act, as
amended [16 U.S.C. 470f].
(j) Upon the written request of the Governor of any State,
the Federal land manager shall issue a permit, subject to
the provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g),
(h), and (i) of this section for the purpose of conducting
archaeological research, excavation, removal, and curation,
on behalf of the State or its educational institutions, to such
Governor or to such designee as the Governor deems qualified to carry out the intent of this Act.

Section 5
The Secretary of the Interior may promulgate regulations
providing for—
(1) the exchange, where appropriate, between suitable
universities, museums, or other scientific or educational
institutions, of archaeological resources removed from public lands and Indian lands pursuant to this Act, and

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Archaeological Resources Protection Act of 1979

(2) the ultimate disposition of such resources and other
resources removed pursuant to the Act of June 27, 1960
[the Reservoir Salvage Act, as amended, also known as the
Archeological and Historic Preservation Act of 1974 [16
U.S.C. 469-469c-1] or the Act of June 8, 1906 [the Antiquity
Act of 1906, as amended, 16 U.S.C. 431-433].
Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from
Indian lands shall be subject to the consent of the Indian or
Indian tribe which owns or has jurisdiction over such lands.
Following promulgation of regulations under this section,
notwithstanding any other provision of law, such regulations
shall govern the disposition of archaeological resources
removed from public lands and Indian lands pursuant to
this Act.
16 U.S.C. 470ee,
Prohibited acts and
criminal penalties
16 U.S.C. 470 ee(a),
Unauthorized excavation, removal, damage,
alternation, or defacement of archaeological
resources
16 U.S.C. 470ee(b),
Trafficking in archaeological resources:
Federal law

Section 6
(a) No person may excavate, remove, damage, or otherwise
alter or deface or attempt to excavate, remove, damage,
or otherwise alter or deface any archaeological resource
located on public lands or Indian lands unless such activity
is pursuant to a permit issued under section 4 of this Act,
a permit referred to in section 4(h)(2) of this Act, or the
exemption contained in section 4(g)(1) of this Act.
(b) No person may sell, purchase, exchange, transport,
receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed
from public lands or Indian lands in violation of—
(1) the prohibition contained in subsection (a) of this section, or
(2) any provision, rule, regulation, ordinance, or permit
in effect under any other provision of Federal law.

16 U.S.C. 470ee(c),
Trafficking in illegal
interstate or foreign
commerce in archaeological resources:
State or local law

144

(c) No person may sell, purchase, exchange, transport,
receive, or offer to sell, purchase, or exchange, in interstate
of foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported,
or received in violation of any provision, rule, regulation,
ordinance, or permit in effect under State or local law.

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Archaeological Resources Protection Act of 1979

16 U.S.C. 470ee(d),
Penalities

(d) Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any
prohibition contained in subsection (a), (b), or (c) of this
section shall, upon conviction, be fined not more than
$10,000 or imprisoned not more than one year, or both:
Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the
cost of restoration and repair of such resources exceeds
the sum of $500, such person shall be fined not more than
$20,000 or imprisoned not more than two years, or both. In
the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000,
or imprisoned not more than five years, or both.

16 U.S.C. 470ee(e),
Effective date

(e) The prohibitions contained in this section shall take
effect on October 31, 1979 [the date of the enactment of this
Act].

16 U.S.C. 470ee(f),
Prospective application

(f) Nothing in subsection (b)(1) of this section shall be
deemed applicable to any person with respect to any
archaeological resource which was in the lawful possession
of such person prior to October 31, 1979.

16 U.S.C. 470ee(g),
Removal of arrowheads located on
ground surface

(g) Nothing in subsection (d) of this section shall be deemed
applicable to any person with respect to the removal of
arrowheads located on the surface of the ground.

16 U.S.C. 470ff,
Civil penalties

Section 7

16 U.S.C. 470ff(a),
Assessment by Federal
land managers

(a)(1) Any person who violates any prohibition contained
in an applicable regulation or permit issued under this Act
may be assessed a civil penalty by the Federal land manager
concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for
a hearing with respect to such violation. Each violation shall
be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.
(2) The amount of such penalty shall be determined
under regulations promulgated pursuant to this Act, taking
into account, in addition to other factors—

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(A) the archaeological or commercial value of the
archaeological resource involved, and
(B) the cost of restoration and repair of the resource
and the archaeological site involved.
Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of
such civil penalty may be double the amount which would
have been assessed if such violation were the first violation by such person. The amount of any penalty assessed
under this subsection for any violation shall not exceed any
amount equal to double the cost of restoration and repair of
resources and archaeological sites damaged and double the
fair market value of resources destroyed or not recovered.
(3) No penalty shall be assessed under this section for
the removal of arrowheads located on the surface of the
ground.
16 U.S.C. 470ff(b),
Judicial review of
assessed penalties,
collection of unpaid
assessments

(b)(1) Any person aggrieved by an order assessing a civil
penalty under subsection (a) of this section may file a petition for judicial review of such order with the United States
District Court for the District of Columbia or for any other
district in which such person resides or transacts business.
Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment
was issued. The court shall hear such action on the record
made before the Federal land manager and shall sustain
his action if it is supported by substantial evidence on the
record considered as a whole.
(2) If any person fails to pay an assessment of a civil
penalty—
(A) after the order making the assessment has become
a final order and such person has not filed a petition for
judicial review of the order in accordance with paragraph
(1), or
(B) after a court in an action brought under paragraph
(1) has entered a final judgment upholding the assessment of
a civil penalty, the Federal land managers may request the
Attorney General to institute a civil action in a district court
of the United States for any district in which such person is
found, resides, or transacts business to collect the penalty
and such court shall have jurisdiction to hear and decide

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Archaeological Resources Protection Act of 1979

any such action. In such action, the validity and amount of
such penalty shall not be subject to review.
16 U.S.C. 470ff(c),
Hearings

(c) Hearings held during proceedings for the assessment of
civil penalties authorized by subsection (a) of this section
shall be conducted in accordance with section 554 of title 5
[of the United States Code].

Subpoenas

The Federal land manager may issue subpoenas for the
attendance and testimony of witnesses and the production
of relevant papers, books, and documents, and administer
oaths.

Witness fees

Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United
States. In case of contumacy or refusal to obey a subpoena
served upon any person pursuant to this paragraph, the district court of the United States for any district in which such
person is found or resides or transacts business, upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Federal land
manager or to appear and produce documents before the
Federal land manager, or both, and any failure to obey such
order of the court may be punished by such court as a contempt thereof.

16 U.S.C. 470gg,
Enforcement

Section 8

16 U.S.C. 470gg(a),
Rewards

(a) Upon the certification of the Federal land manager concerned, the Secretary of the Treasury is directed to pay from
penalties and fines collected under section 6 and 7 of this
Act an amount equal to one-half of such penalty or fine, but
not to exceed $500, to any person who furnishes information which leads to the findings of a civil violation, or the
conviction of criminal violation, with respect to which such
penalty or fine was paid. If several persons provided such
information, such amount shall be divided among such
persons. No officer or employee of the United States or of
any State or local government who furnishes information
or renders service in the performance of his official duties
shall be eligible for payment under this subsection.

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16 U.S.C. 470gg(b),
Forfeitures

(b) All archaeological resources with respect to which a
violation of subsection (a), (b), or (c) of section 6 of this Act
occurred and which are in the possession of any person,
and all vehicles and equipment of any person which were
used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case
may be) subject to forfeiture to the United States upon—
(1) such person’s conviction of such violation under section 6 of this Act,
(2) assessment of a civil penalty against such person
under section 7 of this Act with respect to such violation, or
(3) a determination by any court that such archaeological resources, vehicles, or equipment were involved in such
violation.

16 U.S.C. 470gg(c),
Disposition of penalties
collected and items forfeited in cases involving archaeological
resources excavated or
removed from Indian
lands

(c) In cases in which a violation of the prohibition contained in subsection (a), (b), or (c) of section 6 of this Act
involve archaeological resources 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 penalties collected pursuant
to section 7 of this Act and for the transfer to such Indian or
Indian tribe of all items forfeited under this section.

16 U.S.C. 470hh,
Confidentiality of
information concerning nature and
location of archaeological resources

Section 9

16 U.S.C. 470hh(a),
Disclosure of
information

(a) Information concerning the nature and location of
any archaeological resource for which the excavation or
removal requires a permit or other permission under this
Act 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 [of the United States Code] or under any other
provision of law unless the Federal land manager concerned
determines that such disclosure would—
(1) further the purposes of this Act or the Act of June 27,
1960 [the Reservoir Salvage Act, as amended, 16 U.S.C. 469469c-1] and
(2) not create a risk of harm to such resources or to the
site at which such resources are located.

16 U.S.C. 470hh(b),
Request for disclosure
by Governors

148

(b) Notwithstanding the provisions of subsection (a) of this
section, upon the written request of the Governor of any
State, which request shall state—

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Archaeological Resources Protection Act of 1979

(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.
16 U.S.C. 470ii,
Rules and regulations,
intergovernmental
coordination
16 U.S.C. 470ii(a),
Promulgation,
effective date

Section 10
(a) The Secretaries of the Interior, Agriculture and Defense
and the Chairman of the Board of the Tennessee Valley
Authority, after consultation with other Federal land managers, Indian tribes, representatives of concerned State
agencies, and after public notice and hearing, shall promulgate such uniform rules and regulations as may be appropriate to carry out the purposes of this Act. 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 and 1996a).

Submittal to congressional committees

Each uniform rule or regulation promulgated under this
Act 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 Representatives, and no such
uniform rule or regulation may take effect before the expiration of a period of ninety calendar days following the date
of its submission to such Committees.

16 U.S.C. 470ii(b),
Federal lands
managers’ rules

(b) Each Federal land manager shall promulgate such rules
and regulations, consistent with the uniform rules and
regulations under subsection (a) of this section, as may
be appropriate for the carrying out of his functions and
authorities under this Act.

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16 U.S.C. 470ii(c),
Federal land
managers’ public
awareness program
of archaeological
resources
16 U.S.C. 470jj,
Cooperation with
private individuals

(c) Each Federal land manager shall establish a program to
increase public awareness of the significance of the archaeological resources located on public lands and Indian lands
and the need to protect such resources.

Section 11
The Secretary of the Interior shall take such action as may
be necessary, consistent with the purposes of this Act, to
foster and improve the communication, cooperation, and
exchange of information between—
(1) private individuals having collections of archaeological resources and data which were obtained before October
31, 1979 [the date of the enactment of this Act], and
(2) Federal authorities responsible for the protection of
archaeological resources on the public lands and Indian
lands and professional archaeologists and associations of
professional archaeologists.
In carrying out this section, the Secretary shall, to the extent
practicable and consistent with the provisions of this Act,
make efforts to expand the archaeological data base for
the archaeological resources of the United States through
increased cooperation between private individuals referred
to in paragraph (1) and professional archaeologists and
archaeological organizations.

16 U.S.C. 470kk,
Savings provisions
16 U.S.C. 470kk(a),
Mining, mineral leasing, reclamation, and
other multiple uses
16 U.S.C. 470kk(b),
Private collections

150

Section 12
(a) Nothing in this Act shall be construed to repeal, modify,
or impose additional restrictions on the activities permitted under existing laws and authorities relating to mining,
mineral leasing, reclamation, and other multiple uses of the
public lands.
(b) Nothing in this Act applies to, or requires a permit for,
the collection for private purposes of any rock, coin, bullet, or mineral which is not an archaeological resource, as
determined under uniform regulations promulgated under
section 3(1) of this Act.

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16 U.S.C. 470kk(c),
Lands within Act

(c) Nothing in this Act shall be construed to affect any land
other than public land or Indian land or to affect the lawful recovery, collection, or sale of archaeological resources
from land other than public land or Indian land.

16 U.S.C. 470ll,
Annual report to
Congress

Section 13

16 U.S.C. 470mm,
Surveying of lands,
reporting of violations

Section 14

As part of the annual report required to be submitted by the
specified committees of the Congress pursuant to section
5(c) of the Act of June 17, 1960 [the Reservoir Salvage Act, as
amended, 74 Stat. 220; 16 U.S.C. 469a-3(c)], the Secretary of
the Interior shall comprehensively report as a separate component on the activities carried out under the provisions
of this Act, and he shall make such recommendations as he
deems appropriate as to changes or improvements needed
in the provisions of this Act. Such report shall include a
brief summary of the actions undertaken by the Secretary
under section 11 of this Act, relating to cooperation with private individuals.
The Secretaries of the Interior, Agriculture, and Defense
and the Chairman of the Board of the Tennessee Valley
Authority shall—
(a) develop plans for surveying lands under their control to
determine the nature and extent of archaeological resources
on those lands;
(b) prepare a schedule for surveying lands that are likely
to contain the most scientifically valuable archaeological
resources; and
(c) develop documents for the reporting of suspected violations of this Act and establish when and how those documents are to be completed by officers, employees, and
agents of their respective agencies.

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