Act for the Preservation of American Antiquities of 1906 (sec 433)

§ 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26, 1947, was repealed by section 53 of act Aug. 10, 1956,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