§470bb — Title 16 Conservation | U.S. Code

Summary

Defines key words used in this chapter. It explains what counts as an archaeological resource, who runs federal lands, what “public” and “Indian” lands are, who counts as an Indian tribe, who counts as a person, and what is meant by State. An archaeological resource is material left by past human activity (examples: pottery, basketry, bottles, weapons and projectiles, tools, buildings or parts of them, pit houses, rock paintings or carvings, intaglios, graves, and human skeletal remains). Fossils are not archaeological resources unless they are found in an archaeological context. An archaeological resource must be at least 100 years old. Federal land manager means the secretary or agency head who mainly manages the public lands, or the Secretary of the Interior when no one else has that role (the Interior Secretary can take on other agencies’ responsibilities if they agree). Public lands are U.S.-owned lands in the national park, wildlife refuge, and national forest systems, plus other lands the United States owns (not the Outer Continental Shelf or lands under the Smithsonian). Indian lands are tribal or individual Indian lands held in trust by the United States or under a U.S. restriction on sale, but not subsurface interests the tribe or individual does not own. Indian tribe includes tribes, bands, nations, and Alaska Native villages or regional or village corporations as defined in the Alaska Native Claims Settlement Act (85 Stat. 688). Person covers people, businesses, organizations, and officers or agencies of the United States, Indian tribes, or state and local governments. State means the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

Title 16, §470bb

Conservation — Source: USLM XML via OLRC

As used in this chapter—

(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.

Notes & Related Subsidiaries

Editorial Notes

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, 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.

§470bb Definitions