16 U.S.C. 470aa,

Findings and purpose

16 U.S.C. 470bb

Definitions

16 U.S.C. 470cc,

Excavation and removal 

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.

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].

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  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.

(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 interest

s 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.

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,/

(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) 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.

(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.

(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.

(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.

(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.

(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.

 (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

  (2) the ultimate distribution of such 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.

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.

(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.

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.

(e) The prohibitions contained in this section shall take

effect on October 31, 1979 [the date of the enactment of this

Act].

(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),

(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.

 Section 7

(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—

(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.

(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

any such action. In such action, the validity and amount of

such penalty shall not be subject to review.

(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].

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.

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.

Section 8

(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 

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) 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.

(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.

 Section 9

(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. 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) 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.

 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).

(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.

 (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—

(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.

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.

(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.

Section 13

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.

 Section 14

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 agents.