CITE

    16 USC Sec. 470cc                                           01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

HEAD

    Sec. 470cc. Excavation and removal

STATUTE

    (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) of this section 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 (!1) 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 Antiquities Act of 1906
      (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 chapter. No permit under
    this chapter shall be required to carry out any activity under a
    permit issued under the Act of June 8, 1906, 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
    470f of this title.
    (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.

SOURCE

    (Pub. L. 96-95, Sec. 4, Oct. 31, 1979, 93 Stat. 722.)

REFERENCES IN TEXT

      Act of June 8, 1906, referred to in subsecs. (g)(1) and (h), is
    act June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities
    Act of 1906, which is classified generally to sections 431, 432,
    and 433 of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 431 of this
    title and Tables.
      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.

FOOTNOTE

    (!1) So in original. Probably should be "archaeological".