§ 470bb. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470bb]
TITLE 16--CONSERVATION
CHAPTER 1B--ARCHAEOLOGICAL RESOURCES PROTECTION
Sec. 470bb. Definitions
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.
(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.
Section Referred to in Other Sections
This section is referred to in section 470ii of this title; title 10
section 2684.
