Archaeological resources Preservation Act (ARPA)

§ 470mm

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Section 469a–3 of this title, referred to in text, was repealed and restated as section 312504 of Title 54, National Park Service and Related Programs, by Pub. L.
113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. Prior to
repeal of section 469a–3, language in subsec. (c) of that
section that required submission of an annual report
was struck out by Pub. L. 104–333.

§ 470mm. Surveying of lands; reporting of violations
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 archeological resources on those lands;
(b) prepare a schedule for surveying lands
that are likely to contain the most scientifically valuable archeological resources; and
(c) develop documents for the reporting of
suspected violations of this chapter and establish when and how those documents are to be
completed by officers, employees, and agents
of their respective agencies.
(Pub. L. 96–95, § 14, as added Pub. L. 100–555, Oct.
28, 1988, 102 Stat. 2778.)
CHAPTER 1C—PALEONTOLOGICAL
RESOURCES PRESERVATION
Sec.

470aaa.
470aaa–1.
470aaa–2.
470aaa–3.
470aaa–4.
470aaa–5.
470aaa–6.
470aaa–7.
470aaa–8.
470aaa–9.
470aaa–10.
470aaa–11.

Definitions.
Management.
Public awareness and education program.
Collection of paleontological resources.
Curation of resources.
Prohibited acts; criminal penalties.
Civil penalties.
Rewards and forfeiture.
Confidentiality.
Regulations.
Savings provisions.
Authorization of appropriations.

§ 470aaa. Definitions
In this chapter:
(1) Casual collecting
The term ‘‘casual collecting’’ means the collecting of a reasonable amount of common invertebrate and plant paleontological resources
for non-commercial personal use, either by
surface collection or the use of non-powered
hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms
‘‘reasonable amount’’, ‘‘common invertebrate
and plant paleontological resources’’ and
‘‘negligible disturbance’’ shall be determined
by the Secretary.
(2) Federal land
The term ‘‘Federal land’’ means—
(A) land controlled or administered by the
Secretary of the Interior, except Indian
land; or
(B) National Forest System land controlled or administered by the Secretary of
Agriculture.
(3) Indian Land
The term ‘‘Indian Land’’ means land of Indian tribes, or Indian individuals, which are

Page 824

either held in trust by the United States or
subject to a restriction against alienation imposed by the United States.
(4) Paleontological resource
The term ‘‘paleontological resource’’ means
any fossilized remains, traces, or imprints of
organisms, preserved in or on the earth’s
crust, that are of paleontological interest and
that provide information about the history of
life on earth, except that the term does not include—
(A) any materials associated with an archaeological resource (as defined in section
470bb(1) of this title; 1 or
(B) any cultural item (as defined in section
3001 of title 25).
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior with respect to land controlled
or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of
Agriculture.
(6) State
The term ‘‘State’’ means the 50 States, the
District of Columbia, the Commonwealth of
Puerto Rico, and any other territory or possession of the United States.
(Pub. L. 111–11, title VI, § 6301, Mar. 30, 2009, 123
Stat. 1172.)
§ 470aaa–1. Management
(a) In general
The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary
shall develop appropriate plans for inventory,
monitoring, and the scientific and educational
use of paleontological resources, in accordance
with applicable agency laws, regulations, and
policies. These plans shall emphasize interagency coordination and collaborative efforts
where possible with non-Federal partners, the
scientific community, and the general public.
(b) Coordination
To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall
coordinate in the implementation of this chapter.
(Pub. L. 111–11, title VI, § 6302, Mar. 30, 2009, 123
Stat. 1173.)
§ 470aaa–2. Public awareness and education program
The Secretary shall establish a program to increase public awareness about the significance
of paleontological resources.
(Pub. L. 111–11, title VI, § 6303, Mar. 30, 2009, 123
Stat. 1173.)
1 So in original. A closing parenthesis probably should precede
the semicolon.

Page 825
§ 470aaa–3. Collection
sources

TITLE 16—CONSERVATION
of

paleontological

re-

(a) Permit requirement
(1) In general
Except as provided in this chapter, a paleontological resource may not be collected from
Federal land without a permit issued under
this chapter by the Secretary.
(2) Casual collecting exception
The Secretary shall allow casual collecting
without a permit on Federal land controlled or
administered by the Bureau of Land Management, the Bureau of Reclamation, and the
Forest Service, where such collection is consistent with the laws governing the management of those Federal land 1 and this chapter.
(3) Previous permit exception
Nothing in this section shall affect a valid
permit issued prior to March 30, 2009.
(b) Criteria for issuance of a permit
The Secretary may issue a permit for the collection of a paleontological resource pursuant to
an application if the Secretary determines
that—
(1) the applicant is qualified to carry out the
permitted activity;
(2) the permitted activity is undertaken for
the purpose of furthering paleontological
knowledge or for public education;
(3) the permitted activity is consistent with
any management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will
not threaten significant natural or cultural
resources.
(c) Permit specifications
A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary
deems necessary to carry out the purposes of
this chapter. Every permit shall include requirements that—
(1) the paleontological resource that is collected from Federal land under the permit will
remain the property of the United States;
(2) the paleontological resource and copies of
associated records will be preserved for the
public in an approved repository, to be made
available for scientific research and public
education; and
(3) specific locality data will not be released
by the permittee or repository without the
written permission of the Secretary.
(d) Modification, suspension, and revocation of
permits
(1) The Secretary may modify, suspend, or
revoke a permit issued under this section—
(A) for resource, safety, or other management considerations; or
(B) when there is a violation of term or
condition of a permit issued pursuant to this
section.
(2) The permit shall be revoked if any person
working under the authority of the permit is
1 So

in original. Probably should be ‘‘lands’’.

§ 470aaa–5

convicted under section 470aaa–5 of this title
or is assessed a civil penalty under section
470aaa–6 of this title.
(e) Area closures
In order to protect paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas
under the Secretary’s jurisdiction to the collection of paleontological resources.
(Pub. L. 111–11, title VI, § 6304, Mar. 30, 2009, 123
Stat. 1173.)
§ 470aaa–4. Curation of resources
Any paleontological resource, and any data
and records associated with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter
into agreements with non-Federal repositories
regarding the curation of these resources, data,
and records.
(Pub. L. 111–11, title VI, § 6305, Mar. 30, 2009, 123
Stat. 1174.)
§ 470aaa–5. Prohibited acts; criminal penalties
(a) In general
A person may not—
(1) excavate, remove, damage, or otherwise
alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface
any paleontological resources located on Federal land unless such activity is conducted in
accordance with this chapter;
(2) exchange, transport, export, receive, or
offer to exchange, transport, export, or receive
any paleontological resource if the person
knew or should have known such resource to
have been excavated or removed from Federal
land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect
under Federal law, including this chapter; or
(3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known such resource
to have been excavated, removed, sold, purchased, exchanged, transported, or received
from Federal land.
(b) False labeling offenses
A person may not make or submit any false
record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.
(c) Penalties
A person who knowingly violates or counsels,
procures, solicits, or employs another person to
violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18 or imprisoned not more than 5 years, or both; but if
the sum of the commercial and paleontological
value of the paleontological resources involved
and the cost of restoration and repair of such resources does not exceed $500, such person shall
be fined in accordance with title 18 or imprisoned not more than 2 years, or both.
(d) Multiple offenses
In the case of a second or subsequent violation
by the same person, the amount of the penalty
assessed under subsection (c) may be doubled.

§ 470aaa–6

TITLE 16—CONSERVATION

(e) General exception
Nothing in subsection (a) shall apply to any
person with respect to any paleontological resource which was in the lawful possession of
such person prior to March 30, 2009.
(Pub. L. 111–11, title VI, § 6306, Mar. 30, 2009, 123
Stat. 1174.)
§ 470aaa–6. Civil penalties
(a) In general
(1) Hearing
A person who violates any prohibition contained in an applicable regulation or permit
issued under this chapter may be assessed a
penalty by the Secretary after the person is
given notice and opportunity for a hearing
with respect to the violation. Each violation
shall be considered a separate offense for purposes of this section.
(2) Amount of penalty
The amount of such penalty assessed under
paragraph (1) shall be determined under regulations promulgated pursuant to this chapter,
taking into account the following factors:
(A) The scientific or fair market value,
whichever is greater, of the paleontological
resource involved, as determined by the Secretary.
(B) The cost of response, restoration, and
repair of the resource and the paleontological site involved.
(C) Any other factors considered relevant
by the Secretary assessing the penalty.
(3) Multiple offenses
In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.
(4) Limitation
The amount of any penalty assessed under
this subsection for any 1 violation shall not
exceed an amount equal to double the cost of
response, restoration, and repair of resources
and paleontological site damage plus double
the scientific or fair market value of resources
destroyed or not recovered.
(b) Petition for judicial review; collection of unpaid assessments
(1) Judicial review
Any person against whom an order is issued
assessing a penalty under subsection (a) may
file a petition for judicial review of the order
in the United States District Court for the
District of Columbia or in the district in
which the violation is alleged to have occurred
within the 30-day period beginning on the date
the order making the assessment was issued.
Upon notice of such filing, the Secretary shall
promptly file such a certified copy of the
record on which the order was issued. The
court shall hear the action on the record made
before the Secretary and shall sustain the action if it is supported by substantial evidence
on the record considered as a whole.
(2) Failure to pay
If any person fails to pay a penalty under
this section within 30 days—

Page 826

(A) after the order making assessment has
become final and the 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 in
paragraph (1) has entered a final judgment
upholding the assessment of the penalty,1
the Secretary may request the Attorney
General to institute a civil action in a district court of the United States for any district in which the person if 2 found, resides,
or transacts business, to collect the penalty
(plus interest at currently prevailing rates
from the date of the final order or the date
of the final judgment, as the case may be).
The district court shall have jurisdiction to
hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to
review. Any person who fails to pay on a
timely basis the amount of an assessment of
a civil penalty as described in the first sentence of this paragraph shall be required to
pay, in addition to such amount and interest, attorneys fees and costs for collection
proceedings.
(c) Hearings
Hearings held during proceedings instituted
under subsection (a) shall be conducted in accordance with section 554 of title 5.
(d) Use of recovered amounts
Penalties collected under this section shall be
available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological resources and sites which were the
subject of the action, and to protect, monitor,
and study the resources and sites.
(2) To provide educational materials to the
public about paleontological resources and
sites.
(3) To provide for the payment of rewards as
provided in section 470aaa–7 of this title.
(Pub. L. 111–11, title VI, § 6307, Mar. 30, 2009, 123
Stat. 1175.)
§ 470aaa–7. Rewards and forfeiture
(a) Rewards
The Secretary may pay from penalties collected under section 470aaa–5 or 470aaa–6 of this
title or from appropriated funds—
(1) consistent with amounts established in
regulations by the Secretary; or
(2) if no such regulation exists, an amount
up to 1⁄2 of the penalties, to any person who
furnishes information which leads to the finding of a civil violation, or the conviction of
criminal violation, with respect to which the
penalty was paid. If several persons provided
the information, the amount shall be divided
among the 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.
1 So in original. Following provisions probably should be set
flush with par. (2).
2 So in original. Probably should be ‘‘is’’.

Page 827

TITLE 16—CONSERVATION

(b) Forfeiture
All paleontological resources with respect to
which a violation under section 470aaa–5 or
470aaa–6 of this title occurred and which are in
the possession of any person, shall be subject to
civil forfeiture, or upon conviction, to criminal
forfeiture.
(c) Transfer of seized resources
The Secretary may transfer administration of
seized paleontological resources to Federal or
non-Federal educational institutions to be used
for scientific or educational purposes.
(Pub. L. 111–11, title VI, § 6308, Mar. 30, 2009, 123
Stat. 1176.)
§ 470aaa–8. Confidentiality
Information concerning the nature and specific location of a paleontological resource shall
be exempt from disclosure under section 552 of
title 5 and any other law unless the Secretary
determines that disclosure would—
(1) further the purposes of this chapter;
(2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and
(3) be in accordance with other applicable
laws.
(Pub. L. 111–11, title VI, § 6309, Mar. 30, 2009, 123
Stat. 1176.)
§ 470aaa–9. Regulations
As soon as practical after March 30, 2009, the
Secretary shall issue such regulations as are appropriate to carry out this chapter, providing
opportunities for public notice and comment.
(Pub. L. 111–11, title VI, § 6310, Mar. 30, 2009, 123
Stat. 1177.)
§ 470aaa–10. Savings provisions
Nothing in this chapter shall be construed to—
(1) invalidate, modify, or impose any additional restrictions or permitting requirements
on any activities permitted at any time under
the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for
the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land
Policy Management Act (43 U.S.C. 1701–1784),1
subchapter 3 2 of chapter 1007 of title 54, the
Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201–1358) [30 U.S.C. 1201 et
seq.], and the Organic Administration Act (16
U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions or permitting requirements
on any activities permitted at any time under
existing laws and authorities relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual
collecting of a rock, mineral, or invertebrate
or plant fossil that is not protected under this
chapter;
(4) affect any land other than Federal land
or affect the lawful recovery, collection, or
1 See

References in Text note below.
2 So in original. Probably should be ‘‘subchapter III’’.

sale of paleontological resources from land
other than Federal land;
(5) alter or diminish the authority of a Federal agency under any other law to provide
protection for paleontological resources on
Federal land in addition to the protection provided under this chapter; or
(6) create any right, privilege, benefit, or entitlement for any person who is not an officer
or employee of the United States acting in
that capacity. No person who is not an officer
or employee of the United States acting in
that capacity shall have standing to file any
civil action in a court of the United States to
enforce any provision or amendment made by
this chapter.
(Pub. L. 111–11, title VI, § 6311, Mar. 30, 2009, 123
Stat. 1177; Pub. L. 113–287, § 5(d)(9), Dec. 19, 2014,
128 Stat. 3265.)
REFERENCES IN TEXT
The Federal Land Policy Management Act (43 U.S.C.
1701–1784), referred to in par. (1), probably means the
Federal Land Policy and Management Act of 1976, Pub.
L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified
principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Surface Mining Control and Reclamation Act of
1977, referred to in par. (1), is Pub. L. 95–87, Aug. 3, 1977,
91 Stat. 445, which is classified generally to chapter 25
(§ 1201 et seq.) of Title 30, Mineral Lands and Mining.
For complete classification of this Act to the Code, see
Short Title note set out under section 1201 of Title 30
and Tables.
The Organic Administration Act, referred to in par.
(1), is the popular name for certain provisions of act
June 4, 1897, ch. 2, 30 Stat. 34, under the headings
‘‘UNDER THE DEPARTMENT OF THE INTERIOR.’’ and ‘‘SURVEYING THE PUBLIC LANDS.’’, which are classified to sections 473 to 475, 477, 478, 479 to 482, and 551 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 473 of this title
and Tables.
AMENDMENTS
2014—Par. (1). Pub. L. 113–287, which directed amendment of par. (1) by substituting ‘‘subchapter 3 of chapter 1007 of title 54’’ for ‘‘Public Law 94–429 (commonly
known as the ‘Mining in the Parks Act’ (16 U.S.C. 1901
et seq.)’’, was executed by making the substitution for
‘‘Public Law 94–429 (commonly known as the ‘Mining in
the Parks Act’) (16 U.S.C. 1901 et seq.)’’, to reflect the
probable intent of Congress.

§ 470aaa–11. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this
chapter.
(Pub. L. 111–11, title VI, § 6312, Mar. 30, 2009, 123
Stat. 1177.)
CHAPTER 2—NATIONAL FORESTS
SUBCHAPTER I—ESTABLISHMENT AND
ADMINISTRATION
Sec.

471.
471a.
471b.
471c.

Repealed.
Forest reserves in New Mexico and Arizona
restricted.
Repealed.
Lands in California set aside as reserved forest lands.