16 U.S.C. § 470cc: Excavation and removal

Summary

People can apply to the federal land manager for a permit to dig up or remove archaeological items on public or Indian lands and to do related work. The application must say when, where, how much, and why the work will be done. The land manager must decide that the applicant is qualified, that the work helps public archaeological knowledge, that the finds will stay U.S. property and be kept by a proper museum or school, and that the work fits the land’s management plan before giving a permit. If the work could harm a site of religious or cultural importance, the land manager must tell any Indian tribe that may care about the site before issuing the permit. Permits must include required terms, name the person responsible for following the rules, and can be suspended or revoked for violations, penalties, or convictions. Tribes and tribal members generally do not need a permit to work on their own Indian lands, but tribal consent and any tribal conditions are required when permits involve Indian lands. A governor can request a permit for state or school research, subject to the same rules. Existing permits under earlier law remain valid, and getting a permit here does not require following section 306108 of title 54.

Title 16, §470cc

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(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) 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.

(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 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 chapter 3203 of title 54

(1)No permit or other permission shall be required under chapter 3203 of title 54 for any activity for which a permit is issued under this section.

(2)Any permit issued under chapter 3203 of title 54 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 chapter 3203 of title 54 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.

(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 306108 of title 54.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

June 8, 1906, referred to in subsec. (g)(1), is act

June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act of 1906, which was classified generally to section 431, 432, and 433 of this title. The Act was repealed and restated as section 1866(b) of Title 18, Crimes and Criminal Procedure, and section 320301(a) to (c), 320302, and 320303 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. 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.

Amendments

2014—Subsec. (h)(1). Pub. L. 113–287, § 5(d)(6)(A)(i), substituted “chapter 3203 of title 54” for “the Act of

June 8, 1906 (16 U.S.C. 431–433),”. Subsec. (h)(2). Pub. L. 113–287, § 5(d)(6)(A)(ii), substituted “chapter 3203 of title 54” for “the Act of

June 8, 1906,” in two places. Subsec. (i). Pub. L. 113–287, § 5(d)(6)(B), substituted “section 306108 of title 54” for “section 470f of this title”.

§470cc Excavation and Removal