CITE

    16 USC Sec. 470bb                                           01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

HEAD

    Sec. 470bb. Definitions

STATUTE

      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.

SOURCE

    (Pub. L. 96-95, Sec. 3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100-
    588, Sec. 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 (Sec. 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.