§ 470cc. — Excavation and removal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470cc]
TITLE 16--CONSERVATION
CHAPTER 1B--ARCHAEOLOGICAL RESOURCES PROTECTION
Sec. 470cc. Excavation and removal
(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 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.
(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.
Section Referred to in Other Sections
This section is referred to in section 470ee of this title; title 25
section 3002.
