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

Summary

People can apply to the federal land manager for a permit to dig up or remove archaeological items on public lands or Indian lands. The application must give the time, place, scope, and purpose of the work and other information the manager needs. A permit can be granted if the manager finds the applicant qualified, the work is meant to add archaeological knowledge in the public interest, the items will stay the property of the United States and will be kept by a suitable museum, university, or similar institution, and the work fits the land’s management plan. If the work might harm a religious or cultural site, the manager must notify any Indian tribe that may consider the site important; that notice is not treated as public disclosure for purposes of section 470hh. Permits must include required terms and name the person responsible for following the rules. The manager can suspend a permit for certain violations and can revoke it if a civil penalty under section 470ff is imposed or the permittee is convicted under section 470ee. Tribal members and tribes do not need a permit to dig on their own Indian lands unless the tribe has no rules for digging, in which case a tribal member must get a permit. Permits for work on Indian lands must have the consent of the Indian or tribe that owns or governs the land and include any terms they ask for. A permit under this rule replaces or works with permits under chapter 3203 of title 54 (permits issued before October 31, 1979 remain valid). Issuing a permit here does not require compliance with section 306108 of title 54. If a State governor requests in writing, the manager must issue a permit to the governor or to a qualified person the governor chooses, subject to the ownership, management, tribal, and other rules above.

Title 16, §470cc

Conservation — Source: USLM XML via OLRC

(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 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)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)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)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)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)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)(1)No permit shall be required under this section or under the Act of June 8, 1906 (16 U.S.C. 431),11 See References in Text note below. 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 22 So in original. Probably should be “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 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)Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with section 306108 of title 54.

(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 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