Archaeological Resources Protection Act of 1979

§ 470x–5

TITLE 16—CONSERVATION

(3) The total administrative costs, direct and
indirect, charged for carrying out grants under
this section may not exceed 25 percent of the aggregate costs.
(c) Eligible applicants
Eligible applicants may include Federal and
non-Federal laboratories, accredited museums,
universities, nonprofit organizations; offices,
units, and Cooperative Park Study Units of the
National Park System, State Historic Preservation Offices, tribal preservation offices, and Native Hawaiian organizations.
(d) Standards
All such grants shall be awarded in accordance
with accepted professional standards and methods, including peer review of projects.
(e) Authorization of appropriations
There is authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 89–665, title IV, § 405, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4767.)
§ 470x–5. General provisions
(a) Acceptance of grants and transfers
The Center may accept—
(1) grants and donations from private individuals, groups, organizations, corporations,
foundations, and other entities; and
(2) transfers of funds from other Federal
agencies.
(b) Contracts and cooperative agreements
Subject to appropriations, the Center may
enter into contracts and cooperative agreements
with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities
to carry out the Center’s responsibilities under
this part.
(c) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary for the establishment,
operation, and maintenance of the Center.
Funds for the Center shall be in addition to existing National Park Service programs, centers,
and offices.
(Pub. L. 89–665, title IV, § 406, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4767.)
§ 470x–6. National Park Service preservation
In order to improve the use of existing National Park Service resources, the Secretary
shall fully utilize and further develop the National Park Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of such
centers and offices within the National Park
Service, and shall, where appropriate, coordinate their activities with the Center and with
other appropriate parties.
(Pub. L. 89–665, title IV, § 407, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4768.)

Page 888

CHAPTER 1B—ARCHAEOLOGICAL
RESOURCES PROTECTION
Sec.

470aa.
470bb.
470cc.
470dd.
470ee.
470ff.
470gg.
470hh.
470ii.
470jj.
470kk.
470ll.
470mm.

Congressional findings and declaration of purpose.
Definitions.
Excavation and removal.
Custody of archaeological resources.
Prohibited acts and criminal penalties.
Civil penalties.
Enforcement.
Confidentiality of information concerning nature and location of archaeological resources.
Rules and regulations; intergovernmental coordination.
Cooperation with private individuals.
Savings provisions.
Annual report to Congress.
Surveying of lands; reporting of violations.

§ 470aa. Congressional findings and declaration
of purpose
(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 chapter 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.
(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)
SHORT TITLE
Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Archaeological Resources Protection Act of 1979’.’’
GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION
Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as
the ‘‘Galisteo Basin Archaeological Sites Protection
Act’’, provided for the preservation, protection, and interpretation of nationally significant archaeological
resources in the Galisteo Basin of New Mexico by designating Galisteo Basin Archaeological Protection
Sites and their acreage and provided for addition, deletion or modification of the sites, administration, cooperative agreements, acquisition of land and interests,
withdrawal of lands from mining and other public land
laws, and construction of the Act.

§ 470bb. Definitions
As used in this chapter—

Page 889

§ 470cc

TITLE 16—CONSERVATION

(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 chapter.
Such regulations containing such determination shall include, but not 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 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 chapter 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.
(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.
(Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721; Pub.
L. 100–588, § 1(a), Nov. 3, 1988, 102 Stat. 2983.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
as amended, which is classified generally to chapter 33
(§ 1601 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
AMENDMENTS
1988—Par. (3). Pub. L. 100–588 substituted a period for
semicolon at end.

§ 470cc. Excavation and removal
(a) Application for permit
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 chapter, 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) Determinations by Federal land manager prerequisite to issuance of permit
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 chapter, 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,
(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.
(c) Notification to Indian tribes of possible harm
to or destruction of sites having religious or
cultural importance
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 470hh of this title.

§ 470dd

TITLE 16—CONSERVATION

(d) Terms and conditions of permit
Any permit under this section shall contain
such terms and conditions, pursuant to uniform
regulations promulgated under this chapter, as
the Federal land manager concerned deems necessary to carry out the purposes of this chapter.
(e) Identification of individuals responsible for
complying with permit terms and conditions
and other applicable laws
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 chapter
and other law applicable to the permitted activity.
(f) Suspension or revocation of permits; grounds
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 470ee of this title. Any such permit may be
revoked by such Federal land manager upon assessment of a civil penalty under section 470ff of
this title against the permittee or upon the permittee’s conviction under section 470ee of this
title.
(g) Excavation or removal by Indian tribes or
tribe members; excavation or removal of resources located on Indian lands
(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
a permit under this section.
(2) In the case of any permits for the excavation or removal of any archaelogical 1 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.
(h) Permits issued under Antiquities Act of 1906
(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 chapter. No permit under
this chapter shall be required to carry out any
activity under a permit issued under the Act of
June 8, 1906, before October 31, 1979, which remains in effect as provided in this paragraph,
and nothing in this chapter shall modify or affect any such permit.
1 So

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

Page 890

(i) Compliance with provisions relating to undertakings on property listed in the National
Register not required
Issuance of a permit in accordance with this
section and applicable regulations shall not require compliance with section 470f of this title.
(j) Issuance of permits to State Governors for archaeological activities on behalf of States or
their educational institutions
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 chapter.
(Pub. L. 96–95, § 4, Oct. 31, 1979, 93 Stat. 722.)
REFERENCES IN TEXT
Act of June 8, 1906, referred to in subsecs. (g)(1) and
(h), is act June 8, 1906, ch. 3060, 34 Stat. 225, known as
the Antiquities Act of 1906, which is classified generally
to sections 431, 432, and 433 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 431 of this title and Tables.
Following the enactment of this chapter, referred to
in subsec. (h)(2), means following the enactment of
Pub. L. 96–95, approved Oct. 31, 1979.

§ 470dd. Custody of archaeological resources
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 chapter, and
(2) the ultimate disposition of such resources
and other resources removed pursuant to the
Act of June 27, 1960 (16 U.S.C. 469–469c) [16
U.S.C. 469–469c–1] or the Act of June 8, 1906 (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 chapter.
(Pub. L. 96–95, § 5, Oct. 31, 1979, 93 Stat. 724.)
REFERENCES IN TEXT
Act of June 27, 1960 (16 U.S.C. 469–469c), referred to in
par. (2), is act June 27, 1960, Pub. L. 86–523, 74 Stat. 220,
as amended, which is classified generally to sections
469 to 469c–1 of this title. For complete classification of
this Act to the Code, see Tables.
Act of June 8, 1906 (16 U.S.C. 431–433), referred to in
par. (2), is act June 8, 1906, ch. 3060, 34 Stat. 225, known
as the Antiquities Act of 1906, which is classified generally to sections 431, 432, and 433 of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 431 of this title and
Tables.

Page 891

§ 470ff

TITLE 16—CONSERVATION

§ 470ee. Prohibited acts and criminal penalties
(a) Unauthorized excavation, removal, damage,
alteration, or defacement of archaeological
resources
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 470cc
of this title, a permit referred to in section
470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
(b) Trafficking in archaeological resources the
excavation or removal of which was wrongful under Federal law
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.
(c) Trafficking in interstate or foreign commerce
in archaeological resources the excavation,
removal, sale, purchase, exchange, transportation or receipt of which was wrongful
under State or local law
No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or 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.
(d) Penalties
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.
(e) Effective date
The prohibitions contained in this section
shall take effect on October 31, 1979.
(f) Prospective application
Nothing in subsection (b)(1) of this section
shall be deemed applicable to any person with
respect to an archaeological resource which was
in the lawful possession of such person prior to
October 31, 1979.

(g) Removal of arrowheads located on ground
surface
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.
(Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724; Pub.
L. 100–588, § 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–588, § 1(b), inserted ‘‘, or
attempt to excavate, remove, damage, or otherwise
alter or deface’’ after ‘‘deface’’.
Subsec. (d). Pub. L. 100–588, § 1(c), substituted ‘‘$500’’
for ‘‘$5,000’’.

§ 470ff. Civil penalties
(a) Assessment by Federal land manager
(1) Any person who violates any prohibition
contained in an applicable regulation or permit
issued under this chapter 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 chapter, taking into account, in addition
to other factors—
(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 an 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.
(b) Judicial review of assessed penalties; collection of unpaid assessments
(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 a 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—

§ 470gg

TITLE 16—CONSERVATION

(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 any such action. In such action, the validity and amount of such penalty shall not be
subject to review.
(c) Hearings
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. The Federal land manager may issue subpenas for the
attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer oaths. 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 subpena 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.
(Pub. L. 96–95, § 7, Oct. 31, 1979, 93 Stat. 725.)
§ 470gg. Enforcement
(a) Rewards
Upon the certification of the Federal land
manager concerned, the Secretary of the Treasury is directed to pay from penalties and fines
collected under sections 470ee and 470ff of this
title 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 finding 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.
(b) Forfeitures
All archaeological resources with respect to
which a violation of subsection (a), (b), or (c) of
section 470ee of this title 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

Page 892

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 470ee of this title,
(2) assessment of a civil penalty against such
person under section 470ff of this title with respect to such violation, or
(3) a determination by any court that such
archaeological resources, vehicles, or equipment were involved in such violation.
(c) Disposition of penalties collected and items
forfeited in cases involving archaeological
resources excavated or removed from Indian
lands
In cases in which a violation of the prohibition
contained in subsection (a), (b), or (c) of section
470ee of this title 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 470ff of this
title and for the transfer to such Indian or Indian tribe of all items forfeited under this section.
(Pub. L. 96–95, § 8, Oct. 31, 1979, 93 Stat. 726.)
§ 470hh. Confidentiality of information concerning nature and location of archaeological resources
(a) Disclosure of information
Information concerning the nature and location of any archaeological resource for which
the excavation or removal requires a permit or
other permission under this chapter 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 or under any other provision of law unless the Federal land manager concerned determines that such disclosure would—
(1) further the purposes of this chapter or
the Act of June 27, 1960 (16 U.S.C. 469–469c) [16
U.S.C. 469–469c–1], and
(2) not create a risk of harm to such resources or to the site at which such resources
are located.
(b) Request for disclosure by Governors
Notwithstanding the provisions of subsection
(a) of this section, upon the written request of
the Governor of any State, which request shall
state—
(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.
(Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727.)
REFERENCES IN TEXT
Act of June 27, 1960 (16 U.S.C. 469–469c), referred to in
subsec. (a)(1), is act June 27, 1960, Pub. L. 86–523, 74

Page 893

TITLE 16—CONSERVATION

Stat. 220, as amended, which is classified generally to
sections 469 to 469c–1 of this title. For complete classification of this Act to the Code, see Tables.

§ 470ii. Rules and regulations; intergovernmental
coordination
(a) Promulgation; effective date
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 chapter. 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
[, 1996a]). Each uniform rule or regulation promulgated under this chapter 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.
(b) Federal land managers’ rules
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 chapter.
(c) Federal land managers’ public awareness program of archaeological resources on public
lands and Indian lands
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.
(Pub. L. 96–95, § 10, Oct. 31, 1979, 93 Stat. 727; Pub.
L. 100–588, § 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub.
L. 103–437, § 6(d)(30), Nov. 2, 1994, 108 Stat. 4584;
Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(A),
Nov. 12, 1996, 110 Stat. 4196.)
REFERENCES IN TEXT
The American Indian Religious Freedom Act, referred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978,
92 Stat. 469, as amended, which is classified to sections
1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1996 of
Title 42 and Tables.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–333 struck out at end
‘‘Each such land manager shall submit an annual report to the Committee on Natural Resources of the
United States House of Representatives and to the
Committee on Energy and Natural Resources of the
United States Senate regarding the actions taken
under such program.’’
1994—Subsecs. (a), (c). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
1988—Subsec. (c). Pub. L. 100–588 added subsec. (c).

§ 470ll

§ 470jj. Cooperation with private individuals
The Secretary of the Interior shall take such
action as may be necessary, consistent with the
purposes of this chapter, 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 the date of the enactment of
this chapter, 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 chapter, 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.
(Pub. L. 96–95, § 11, Oct. 31, 1979, 93 Stat. 727.)
§ 470kk. Savings provisions
(a) Mining, mineral leasing, reclamation, and
other multiple uses
Nothing in this chapter 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) Private collections
Nothing in this chapter 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
470bb(1) of this title.
(c) Lands within chapter
Nothing in this chapter 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.
(Pub. L. 96–95, § 12, Oct. 31, 1979, 93 Stat. 728.)
§ 470ll. Annual report to Congress
As part of the annual report required to be
submitted to the specified committees of the
Congress pursuant to section 469a–3(c) of this
title, the Secretary of the Interior shall comprehensively report as a separate component on
the activities carried out under the provisions of
this chapter, and he shall make such recommendations as he deems appropriate as to
changes or improvements needed in the provisions of this chapter. Such report shall include
a brief summary of the actions undertaken by
the Secretary under section 470jj of this title,
relating to cooperation with private individuals.
(Pub. L. 96–95, § 13, Oct. 31, 1979, 93 Stat. 728.)

§ 470mm

TITLE 16—CONSERVATION

§ 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
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

Page 894

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.)
§ 470aaa–3. Collection
sources

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.
1 So in original. A closing parenthesis probably should precede
the semicolon.