Act for the Preservation of American Antiquities of 1906 (sec 432)

Page 471

§ 432

TITLE 16—CONSERVATION
NATIONAL MEMORIALS—CONTINUED

NATIONAL MEMORIALS—CONTINUED

Fort Caroline National Memorial, Florida.—Act Sept.
21, 1950, ch. 973, 64 Stat. 897. Established Jan. 16, 1953.
Franklin Delano Roosevelt National Memorial, District of Columbia.—Acts Aug. 11, 1955, ch. 833, 69
Stat. 694; Sept. 1, 1959, Pub. L. 86–214, 73 Stat. 445;
Oct. 18, 1962, Pub. L. 87–842, 76 Stat. 1079; Oct. 30,
1965, Pub. L. 89–305, 79 Stat. 1126; Sept. 8, 1970, Pub.
L. 91–398, 84 Stat. 837; June 30, 1972, Pub. L. 92–332, 86
Stat. 401; July 28, 1982, Pub. L. 97–224, 96 Stat. 243;
Oct. 1, 1996, Pub. L. 104–221, §§ 3, 4, 110 Stat. 3024; July
24, 1997, Pub. L. 105–29, 111 Stat. 246; Nov. 14, 1997,
Pub. L. 105–83, title III, § 335, 111 Stat. 1601.
Hamilton Grange National Memorial, New York.—
Pub. L. 87–438, Apr. 27, 1962, 76 Stat. 57, as amended
by Pub. L. 100–701, § 1, Nov. 19, 1988, 102 Stat. 4640;
Pub. L. 106–482, Nov. 9, 2000, 114 Stat. 2192.
House Where Lincoln Died National Memorial, District of Columbia.—Act June 11, 1896, ch. 420, 29
Stat. 439.
Johnstown Flood National Memorial, Pennsylvania.—
Pub. L. 88–546, Aug. 31, 1964, 78 Stat. 752; Pub. L.
108–313, Oct. 5, 2004, 118 Stat. 1196.
Lincoln Boyhood National Memorial, Indiana.—Pub.
L. 87–407, Feb. 19, 1962, 76 Stat. 9.
Lincoln Museum National Memorial, District of Columbia.—Act Apr. 7, 1866, ch. 28, § 1, 14 Stat. 23.
Lincoln National Memorial, District of Columbia.—
Act Feb. 9, 1911, ch. 42, 36 Stat. 898.
Military Divers Memorial.—Pub. L. 113–66, div. B, title
XXVIII, § 2842, Dec. 26, 2013, 127 Stat. 1024.
Mount Rushmore National Memorial, South Dakota.—
Act Feb. 25, 1929, ch. 315, 45 Stat. 1300.
Mt. Soledad Veterans Memorial, California.—Pub. L.
108–447, div. J, title I, § 116, Dec. 8, 2004, 118 Stat. 3346;
Pub. L. 109–272, Aug. 14, 2006, 120 Stat. 770; Pub. L.
109–364, div. A, title X, § 1071(d), Oct. 17, 2006, 120
Stat. 2401.
National D-Day Memorial, Virginia.—Pub. L. 104–201,
div. A, title X, § 1080, Sept. 23, 1996, 110 Stat. 2670.
National Fallen Firefighters’ Memorial, Maryland.—
Pub. L. 101–347, Aug. 9, 1990, 104 Stat. 398.
National Law Enforcement Officers Memorial, District of Columbia.—Establishment of Maintenance
Fund by Pub. L. 104–329, title II, § 201, Oct. 20, 1996,
110 Stat. 4011; Pub. L. 109–314, Oct. 6, 2006, 120 Stat.
1739.
National Medal of Honor Sites.—Pub. L. 106–83, Oct.
28, 1999, 113 Stat. 1293.
Patrick Henry National Memorial, Virginia.—Pub. L.
99–296, May 12, 1986, 100 Stat. 429.
Port Chicago National Memorial, California.—Pub. L.
102–562, title II, Oct. 28, 1992, 106 Stat. 4235; Pub. L.
111–84, div. B, title XXVIII, § 2853(a), Oct. 28, 2009, 123
Stat. 2685.
Prisoner of War/Missing in Action National Memorial,
California.—Pub. L. 108–454, title VI, § 601, Dec. 10,
2004, 118 Stat. 3623.
Richard L. Kohnstamm Memorial Area, Oregon.—Pub.
L. 111–11, title I, § 1202(b), Mar. 30, 2009, 123 Stat. 1009.
Seabees of the United States Navy Memorial.—Pub. L.
92–422, Sept. 18, 1972, 86 Stat. 678.
Signers of the Declaration of Independence Memorial,
District of Columbia.—Pub. L. 95–260, Apr. 17, 1978, 92
Stat. 197.
Thomas Jefferson National Memorial, District of Columbia.—Act June 26, 1934, ch. 763, 48 Stat. 1243.
United States Marine Corps Memorial, Virginia.—Act
July 1, 1947, ch. 196, 61 Stat. 242, as amended July 7,
1952, ch. 585, 66 Stat. 441; June 16, 1953, ch. 120, 67
Stat. 64.
United States National Civil Defense Monument,
Maryland.—Authorized by Pub. L. 106–103, Nov. 13,
1999, 113 Stat. 1482.
United States Navy Memorial, District of Columbia.—
Pub. L. 96–199, title I, § 113, Mar. 5, 1980, 94 Stat. 70.
U.S.S. Indianapolis Memorial, Indiana.—Pub. L.
103–160, div. A, title XI, § 1165, Nov. 30, 1993, 107 Stat.
1765.

USS Oklahoma Memorial, Hawaii.—Pub. L. 109–163,
div. A, title X, § 1017, Jan. 6, 2006, 119 Stat. 3425.
Vietnam Veterans Memorial, District of Columbia.—
Pub. L. 96–297, July 1, 1980, 94 Stat. 827; Pub. L.
106–214, § 1, June 15, 2000, 114 Stat. 335; Pub. L.
108–126, title I, § 101, Nov. 17, 2003, 117 Stat. 1348; Pub.
L. 111–270, § 1, Oct. 12, 2010, 124 Stat. 2851; Pub. L.
112–74, div. E, title IV, § 420, Dec. 23, 2011, 125 Stat.
1045; Pub. L. 113–21, July 18, 2013, 127 Stat. 490.
Washington Monument National Memorial, District of
Columbia.—Act Aug. 2, 1876, ch. 250, § 1, 19 Stat. 123.
White Cross World War I Memorial, California.—Pub.
L. 107–117, div. A, title VIII, § 8137, Jan. 10, 2002, 115
Stat. 2278; Pub. L. 108–87, title VIII, § 8121, Sept. 30,
2003, 117 Stat. 1100.
World War II Memorial, Guam.—Pub. L. 106–398, § 1
[div. B, title XXVIII, § 2886], Oct. 30, 2000, 114 Stat.
1654, 1654A–441, as amended by Pub. L. 107–107, div. B,
title XXVIII, § 2868, Dec. 28, 2001, 115 Stat. 1334.
Wright Brothers National Memorial, North Carolina.—Kill Devil Hill National Monument authorized
by act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Name
changed to Wright Brothers National Memorial,
Dec. 1, 1953.
ALBERT EINSTEIN MEMORIAL
Conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to
Albert Einstein on south side of Square Numbered 88
between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when
no longer used for memorial purposes or public access
is restricted, was authorized by Pub. L. 95–625, title VI,
§ 612, Nov. 10, 1978, 92 Stat. 3521, as amended Pub. L.
96–87, title IV, § 401(o), Oct. 12, 1979, 93 Stat. 666.
STUDY TO ADD ALASKA AND HAWAII TO LINCOLN
NATIONAL MEMORIAL
Pub. L. 94–556, Oct. 19, 1976, 90 Stat. 2632, directed Secretary of the Interior to study feasibility of and make
recommendations for recognition at an appropriate
place at Lincoln National Memorial of the addition to
the Union of the States of Alaska and Hawaii, directed
that recommendations, after review and approval by
Commission of Fine Arts, National Capital Planning
Commission, and Advisory Council on Historic Preservation, be submitted to Committees on Interior and Insular Affairs of the Senate and the House of Representatives, and, if neither committee adopted a resolution
of disapproval, directed Secretary to carry out recommendations.

§ 431a. Limitation on further extension or establishment of national monuments in Wyoming
No further extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.
(Sept. 14, 1950, ch. 950, § 1, 64 Stat. 849.)
CODIFICATION
Section comprises only part of the last sentence of
section 1 of act Sept. 14, 1950. The remainder of such
section, except that part of the last sentence which repealed sections 406 to 406d of this title, is set out as sections 406d–1 and 451a of this title.
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

§ 432. Permits to examine ruins, excavations, and
gathering of objects; regulations
Permits for the examination of ruins, the excavation of archaeological sites, and the gather-

§ 433

TITLE 16—CONSERVATION

ing 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 regulations 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 section and sections
431 and 433 of this title.
(June 8, 1906, ch. 3060, §§ 3, 4, 34 Stat. 225; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
CODIFICATION
The last sentence only of this section was derived
from section 4 of act June 8, 1906, the remainder being
from section 3.
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with permits issued under sections 431, 432 and 433 of
this title and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with removal of objects of antiquity under sections 431, 432, and 433 with
respect to pre-construction, construction, and initial
operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1
of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.
SECRETARY OF THE AIR FORCE
For transfer of certain functions relating to real
property under jurisdiction of Department of the Air
Force, to Secretary of the Air Force from Secretary of
the Army, see Secretary of Defense Transfer Order No.
14 [§ 2(25)], eff. July 1, 1948.

Page 472

§ 433. American antiquities
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 $500 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.
(June 8, 1906, ch. 3060, § 1, 34 Stat. 225.)
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with permits issued under sections 431, 432, and 433 of
this title and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with removal of objects of antiquity under sections 431, 432, and 433 with
respect to pre-construction, construction, and initial
operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1
of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 433a. Perry’s Victory and International Peace
Memorial; establishment
The President of the United States is authorized to establish by proclamation the followingdescribed Government lands, together with the
Perry’s Victory Memorial proper, its approaches, retaining walls, and all buildings,
structures, and other property thereon, situated
in Put-in-Bay Township, South Bass Island, Ottawa County, Lake Erie, State of Ohio, as the
‘‘Perry’s Victory and International Peace Memorial’’, for the preservation of the historical
associations connected therewith, to inculcate
the lessons of international peace by arbitration
and disarmament, and for the benefit and enjoyment of the people: Commencing at the intersection of the middle line of Delaware Avenue and
Chapman Avenue, in the village of Put-in-Bay,
and running thence south eighty-eight degrees
fifty-nine minutes east in the middle line of said
Delaware Avenue, and the same extended four
hundred and ninety-five feet to Lake Erie;
thence north forty-nine degrees fifty-nine minutes east along said lake shore three hundred
and forty-six feet; thence north forty-three degrees fourteen minutes east along said lake
shore two hundred and twelve feet; thence north