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| CHAPTER 1B---ARCHAEOLOGICAL RESOURCES PROTECTION                      |
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| Release date: 2004-04-30                                              |
+-----------------------------------------------------------------------+
| -   [§ 470aa](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--aa000-.html). |
|     Congressional findings and declaration of purpose                 |
|                                                                       |
| -   [§ 470bb](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--bb000-.html). |
|     Definitions                                                       |
|                                                                       |
| -   [§ 470cc](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html). |
|     Excavation and removal                                            |
|                                                                       |
| -   [§ 470dd](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--dd000-.html). |
|     Custody of archaeological resources                               |
|                                                                       |
| -   [§ 470ee](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html). |
|     Prohibited acts and criminal penalties                            |
|                                                                       |
| -   [§ 470ff](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ff000-.html). |
|     Civil penalties                                                   |
|                                                                       |
| -   [§ 470gg](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--gg000-.html). |
|     Enforcement                                                       |
|                                                                       |
| -   [§ 470hh](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--hh000-.html). |
|     Confidentiality of information concerning nature and location of  |
|     archaeological resources                                          |
|                                                                       |
| -   [§ 470ii](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ii000-.html). |
|     Rules and regulations; intergovernmental coordination             |
|                                                                       |
| -   [§ 470jj](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--jj000-.html). |
|     Cooperation with private individuals                              |
|                                                                       |
| -   [§ 470kk](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--kk000-.html). |
|     Savings provisions                                                |
|                                                                       |
| -   [§ 470ll](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ll000-.html). |
|     Annual report to Congress                                         |
|                                                                       |
| -   [§ 470mm](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--mm000-.html). |
|     Surveying of lands; reporting of violations                       |
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| **§ 470aa. Congressional findings and declaration of purpose**        |
+-----------------------------------------------------------------------+
| **(a)** The Congress finds that---                                    |
|                                                                       |
| > **(1)** archaeological resources on public lands and Indian lands   |
| > are an accessible and irreplaceable part of the Nation's heritage;  |
| >                                                                     |
| > **(2)** these resources are increasingly endangered because of      |
| > their commercial attractiveness;                                    |
| >                                                                     |
| > **(3)** existing Federal laws do not provide adequate protection to |
| > prevent the loss and destruction of these archaeological resources  |
| > and sites resulting from uncontrolled excavations and pillage; and  |
| >                                                                     |
| > **(4)** there is a wealth of archaeological information which has   |
| > been legally obtained by private individuals for noncommercial      |
| > purposes and which could voluntarily be made available to           |
| > professional archaeologists and institutions.                       |
|                                                                       |
| **(b)** The purpose of this chapter is to secure, for the present and |
| future benefit of the American people, the protection of              |
| archaeological resources and sites which are on public lands and      |
| Indian lands, and to foster increased cooperation and exchange of     |
| information between governmental authorities, the professional        |
| archaeological community, and private individuals having collections  |
| of archaeological resources and data which were obtained before       |
| October 31, 1979.                                                     |
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| **§ 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](http://assembler.law.cornell.edu/usc-cgi/                      |
| get_external.cgi?type=statRef&target=date:nonech:nonestatnum:85_688)) |
| > \[[43](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode43/usc_sup_01_43.html) |
| > U.S.C.                                                              |
| > [1601](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode43/usc_sec_43_00001601----000-.html) |
| > et seq.\].                                                          |
| >                                                                     |
| > **(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.    |
+-----------------------------------------------------------------------+
| **§ 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](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--hh000-.html) |
| 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](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| of this title. Any such permit may be revoked by such Federal land    |
| manager upon assessment of a civil penalty under section              |
| [470ff](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ff000-.html) |
| of this title against the permittee or upon the permittee's           |
| conviction under section                                              |
| [470ee](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [431](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00000431----000-.html)), |
| > 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > 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             |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 431--433\], 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470---f000-.html) |
| 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.     |
+-----------------------------------------------------------------------+
| **§ 470dd. Custody of archaeological resources**                      |
+-----------------------------------------------------------------------+
| The Secretary of the Interior may promulgate regulations providing    |
| for---                                                                |
|                                                                       |
| > **(1)** the exchange, where appropriate, between suitable           |
| > universities, museums, or other scientific or educational           |
| > institutions, of archaeological resources removed from public lands |
| > and Indian lands pursuant to this chapter, and                      |
| >                                                                     |
| > **(2)** the ultimate disposition of such resources and other        |
| > resources removed pursuant to the Act of June 27, 1960              |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 469--469c)                                                   |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 469--469c--1\] or the Act of June 8, 1906                    |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 431--433).                                                   |
|                                                                       |
| Any exchange or ultimate disposition under such regulation of         |
| archaeological resources excavated or removed from Indian lands shall |
| be subject to the consent of the Indian or Indian tribe which owns or |
| has jurisdiction over such lands. Following promulgation of           |
| regulations under this section, notwithstanding any other provision   |
| of law, such regulations shall govern the disposition of              |
| archaeological resources removed from public lands and Indian lands   |
| pursuant to this chapter.                                             |
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| **§ 470ee. Prohibited acts and criminal penalties**                   |
+-----------------------------------------------------------------------+
| **(a)** Unauthorized excavation, removal, damage, alteration, or      |
| defacement of archaeological resources                                |
|                                                                       |
| No person may excavate, remove, damage, or otherwise alter or deface, |
| or attempt to excavate, remove, damage, or otherwise alter or deface  |
| any archaeological resource located on public lands or Indian lands   |
| unless such activity is pursuant to a permit issued under section     |
| [470cc](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html) |
| of this title, a permit referred to in section                        |
| [470cc](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html) |
| [(h)(2)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html#h_2) |
| of this title, or the exemption contained in section                  |
| [470cc](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html) |
| [(g)(1)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00000470--cc000-.html#g_1) |
| of this title.                                                        |
|                                                                       |
| **(b)** Trafficking in archaeological resources the excavation or     |
| removal of which was wrongful under Federal law                       |
|                                                                       |
| No person may sell, purchase, exchange, transport, receive, or offer  |
| to sell, purchase, or exchange any archaeological resource if such    |
| resource was excavated or removed from public lands or Indian lands   |
| in violation of---                                                    |
|                                                                       |
| > **(1)** the prohibition contained in subsection (a) of this         |
| > section, or                                                         |
| >                                                                     |
| > **(2)** any provision, rule, regulation, ordinance, or permit in    |
| > effect under any other provision of Federal law.                    |
|                                                                       |
| **(c)** Trafficking in interstate or foreign commerce in              |
| archaeological resources the excavation, removal, sale, purchase,     |
| exchange, transportation or receipt of which was wrongful under State |
| or local law                                                          |
|                                                                       |
| No person may sell, purchase, exchange, transport, receive, or offer  |
| to sell, purchase, or exchange, in interstate or foreign commerce,    |
| any archaeological resource excavated, removed, sold, purchased,      |
| exchanged, transported, or received in violation of any provision,    |
| rule, regulation, ordinance, or permit in effect under State or local |
| law.                                                                  |
|                                                                       |
| **(d)** Penalties                                                     |
|                                                                       |
| Any person who knowingly violates, or counsels, procures, solicits,   |
| or employs any other person to violate, any prohibition contained in  |
| subsection (a), (b), or (c) of this section shall, upon conviction,   |
| be fined not more than \$10,000 or imprisoned not more than one year, |
| or both: Provided, however, That if the commercial or archaeological  |
| value of the archaeological resources involved and the cost of        |
| restoration and repair of such resources exceeds the sum of \$500,    |
| such person shall be fined not more than \$20,000 or imprisoned not   |
| more than two years, or both. In the case of a second or subsequent   |
| such violation upon conviction such person shall be fined not more    |
| than \$100,000, or imprisoned not more than five years, or both.      |
|                                                                       |
| **(e)** Effective date                                                |
|                                                                       |
| The prohibitions contained in this section shall take effect on       |
| October 31, 1979.                                                     |
|                                                                       |
| **(f)** Prospective application                                       |
|                                                                       |
| Nothing in subsection (b)(1) of this section shall be deemed          |
| applicable to any person with respect to an archaeological resource   |
| which was in the lawful possession of such person prior to October    |
| 31, 1979.                                                             |
|                                                                       |
| **(g)** Removal of arrowheads located on ground surface               |
|                                                                       |
| Nothing in subsection (d) of this section shall be deemed applicable  |
| to any person with respect to the removal of arrowheads located on    |
| the surface of the ground.                                            |
+-----------------------------------------------------------------------+
| ** 470ff. Civil penalties**                                           |
+-----------------------------------------------------------------------+
| **(a)** Assessment by Federal land manager                            |
|                                                                       |
| > **(1)** Any person who violates any prohibition contained in an     |
| > applicable regulation or permit issued under this chapter may be    |
| > assessed a civil penalty by the Federal land manager concerned. No  |
| > penalty may be assessed under this subsection unless such person is |
| > given notice and opportunity for a hearing with respect to such     |
| > violation. Each violation shall be a separate offense. Any such     |
| > civil penalty may be remitted or mitigated by the Federal land      |
| > manager concerned.                                                  |
| >                                                                     |
| > **(2)** The amount of such penalty shall be determined under        |
| > regulations promulgated pursuant to this chapter, taking into       |
| > account, in addition to other factors---                            |
| >                                                                     |
| > **(A)** the archaeological or commercial value of the               |
| > archaeological resource involved, and                               |
| >                                                                     |
| > **(B)** the cost of restoration and repair of the resource and the  |
| > archaeological site involved.                                       |
| >                                                                     |
| > Such regulations shall provide that, in the case of a second or     |
| > subsequent violation by any person, the amount of such civil        |
| > penalty may be double the amount which would have been assessed if  |
| > such violation were the first violation by such person. The amount  |
| > of any penalty assessed under this subsection for any violation     |
| > shall not exceed an amount equal to double the cost of restoration  |
| > and repair of resources and archaeological sites damaged and double |
| > the fair market value of resources destroyed or not recovered.      |
| >                                                                     |
| > **(3)** No penalty shall be assessed under this section for the     |
| > removal of arrowheads located on the surface of the ground.         |
|                                                                       |
| **(b)** Judicial review of assessed penalties; collection of unpaid   |
| assessments                                                           |
|                                                                       |
| > **(1)** Any person aggrieved by an order assessing a civil penalty  |
| > under subsection (a) of this section may file a petition for        |
| > judicial review of such order with the United States District Court |
| > for the District of Columbia or for any other district in which     |
| > such a person resides or transacts business. Such a petition may    |
| > only be filed within the 30-day period beginning on the date the    |
| > order making such assessment was issued. The court shall hear such  |
| > action on the record made before the Federal land manager and shall |
| > sustain his action if it is supported by substantial evidence on    |
| > the record considered as a whole.                                   |
| >                                                                     |
| > **(2)** If any person fails to pay an assessment of a civil         |
| > penalty---                                                          |
| >                                                                     |
| > **(A)** after the order making the assessment has become a final    |
| > order and such person has not filed a petition for judicial review  |
| > of the order in accordance with paragraph (1), or                   |
| >                                                                     |
| > **(B)** after a court in an action brought under paragraph (1) has  |
| > entered a final judgment upholding the assessment of a civil        |
| > penalty,                                                            |
| >                                                                     |
| > the Federal land managers may request the Attorney General to       |
| > institute a civil action in a district court of the United States   |
| > for any district in which such person is found, resides, or         |
| > transacts business to collect the penalty and such court shall have |
| > jurisdiction to hear and decide any such action. In such action,    |
| > the validity and amount of such penalty shall not be subject to     |
| > review.                                                             |
|                                                                       |
| **(c)** Hearings                                                      |
|                                                                       |
| Hearings held during proceedings for the assessment of civil          |
| penalties authorized by subsection (a) of this section shall be       |
| conducted in accordance with section                                  |
| [554](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000554----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| The Federal land manager may issue subpenas for the attendance and    |
| testimony of witnesses and the production of relevant papers, books,  |
| and documents, and administer oaths. Witnesses summoned shall be paid |
| the same fees and mileage that are paid to witnesses in the courts of |
| the United States. In case of contumacy or refusal to obey a subpena  |
| served upon any person pursuant to this paragraph, the district court |
| of the United States for any district in which such person is found   |
| or resides or transacts business, upon application by the United      |
| States and after notice to such person, shall have jurisdiction to    |
| issue an order requiring such person to appear and give testimony     |
| before the Federal land manager or to appear and produce documents    |
| before the Federal land manager, or both, and any failure to obey     |
| such order of the court may be punished by such court as a contempt   |
| ­thereof.                                                              |
+-----------------------------------------------------------------------+
| **§ 470gg. Enforcement**                                              |
+-----------------------------------------------------------------------+
| **(a)** Rewards                                                       |
|                                                                       |
| Upon the certification of the Federal land manager concerned, the     |
| Secretary of the Treasury is directed to pay from penalties and fines |
| collected under sections                                              |
| [470ee](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| and                                                                   |
| [470ff](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ff000-.html) |
| of this title an amount equal to one-half of such penalty or fine,    |
| but not to exceed \$500, to any person who furnishes information      |
| which leads to the finding of a civil violation, or the conviction of |
| criminal violation, with respect to which such penalty or fine was    |
| paid. If several persons provided such information, such amount shall |
| be divided among such persons. No officer or employee of the United   |
| States or of any State or local government who furnishes information  |
| or renders service in the performance of his official duties shall be |
| eligible for payment under this subsection.                           |
|                                                                       |
| **(b)** Forfeitures                                                   |
|                                                                       |
| All archaeological resources with respect to which a violation of     |
| subsection (a), (b), or (c) of section                                |
| [470ee](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| of this title occurred and which are in the possession of any person, |
| and all vehicles and equipment of any person which were used in       |
| connection with such violation, may be (in the discretion of the      |
| court or administrative law judge, as the case may be) subject to     |
| forfeiture to the United States upon---                               |
|                                                                       |
| > **(1)** such person's conviction of such violation under section    |
| > [470ee](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| > of this title,                                                      |
| >                                                                     |
| > **(2)** assessment of a civil penalty against such person under     |
| > section                                                             |
| > [470ff](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ff000-.html) |
| > of this title with respect to such violation, or                    |
| >                                                                     |
| > **(3)** a determination by any court that such archaeological       |
| > resources, vehicles, or equipment were involved in such violation.  |
|                                                                       |
| **(c)** Disposition of penalties collected and items forfeited in     |
| cases involving archaeological resources excavated or removed from    |
| Indian lands                                                          |
|                                                                       |
| In cases in which a violation of the prohibition contained in         |
| subsection (a), (b), or (c) of section                                |
| [470ee](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ee000-.html) |
| of this title involve archaeological resources excavated or removed   |
| from Indian lands, the Federal land manager or the court, as the case |
| may be, shall provide for the payment to the Indian or Indian tribe   |
| involved of all penalties collected pursuant to section               |
| [470ff](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--ff000-.html) |
| of this title and for the transfer to such Indian or Indian tribe of  |
| all items forfeited under this section.                               |
+-----------------------------------------------------------------------+
| **§ 470hh. Confidentiality of information concerning nature and       |
| location of archaeological resources**                                |
+-----------------------------------------------------------------------+
| **(a)** Disclosure of information                                     |
|                                                                       |
| Information concerning the nature and location of any archaeological  |
| resource for which the excavation or removal requires a permit or     |
| other permission under this chapter or under any other provision of   |
| Federal law may not be made available to the public under subchapter  |
| [II](http://assembler.la                                              |
| w.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_5_40_II.html) |
| of chapter                                                            |
| [5](http://assemb                                                     |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_5.html) |
| of title                                                              |
| [5](htt                                                               |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| or under any other provision of law unless the Federal land manager   |
| concerned determines that such disclosure would---                    |
|                                                                       |
| > **(1)** further the purposes of this chapter or the Act of June 27, |
| > 1960                                                                |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 469--469c)                                                   |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 469--469c--1\], and                                          |
| >                                                                     |
| > **(2)** not create a risk of harm to such resources or to the site  |
| > at which such resources are located.                                |
|                                                                       |
| **(b)** Request for disclosure by Governors                           |
|                                                                       |
| Notwithstanding the provisions of subsection (a) of this section,     |
| upon the written request of the Governor of any State, which request  |
| shall state---                                                        |
|                                                                       |
| > **(1)** the specific site or area for which information is sought,  |
| >                                                                     |
| > **(2)** the purpose for which such information is sought,           |
| >                                                                     |
| > **(3)** a commitment by the Governor to adequately protect the      |
| > confidentiality of such information to protect the resource from    |
| > commercial exploitation,                                            |
|                                                                       |
| the Federal land manager concerned shall provide to the Governor      |
| information concerning the nature and location of archaeological      |
| resources within the State of the requesting Governor.                |
+-----------------------------------------------------------------------+
| **§ 470ii. Rules and regulations; intergovernmental coordination**    |
+-----------------------------------------------------------------------+
| **(a)** Promulgation; effective date                                  |
|                                                                       |
| The Secretaries of the Interior, Agriculture and Defense and the      |
| Chairman of the Board of the Tennessee Valley Authority, after        |
| consultation with other Federal land managers, Indian tribes,         |
| representatives of concerned State agencies, and after public notice  |
| and hearing, shall promulgate such uniform rules and regulations as   |
| may be appropriate to carry out the purposes of this chapter. Such    |
| rules and regulations may be promulgated only after consideration of  |
| the provisions of the American Indian Religious Freedom Act ([92      |
| Stat.                                                                 |
| 469](http://assembler.law.cornell.edu/usc-cgi/                        |
| get_external.cgi?type=statRef&target=date:nonech:nonestatnum:92_469); |
| [42](http                                                             |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| U.S.C.                                                                |
| [1996](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00001996----000-.html) |
| 1996a\]). Each \[, uniform rule or regulation promulgated under this  |
| chapter shall be submitted on the same calendar day to the Committee  |
| on Energy and Natural Resources of the United States Senate and to    |
| the Committee on Natural Resources of the United States House of      |
| Representatives, and no such uniform rule or regulation may take      |
| effect before the expiration of a period of ninety calendar days      |
| following the date of its submission to such Committees.              |
|                                                                       |
| **(b)** Federal land managers' rules                                  |
|                                                                       |
| Each Federal land manager shall promulgate such rules and             |
| regulations, consistent with the uniform rules and regulations under  |
| subsection (a) of this section, as may be appropriate for the         |
| carrying out of his functions and authorities under this chapter.     |
|                                                                       |
| **(c)** Federal land managers' public awareness program of            |
| archaeological resources on public lands and Indian lands             |
|                                                                       |
| Each Federal land manager shall establish a program to increase       |
| public awareness of the significance of the archaeological resources  |
| located on public lands and Indian lands and the need to protect such |
| resources.                                                            |
+-----------------------------------------------------------------------+
| **§ 470jj. Cooperation with private individuals**                     |
+-----------------------------------------------------------------------+
| The Secretary of the Interior shall take such action as may be        |
| necessary, consistent with the purposes of this chapter, to foster    |
| and improve the communication, cooperation, and exchange of           |
| information between---                                                |
|                                                                       |
| > **(1)** private individuals having collections of archaeological    |
| > resources and data which were obtained before the date of the       |
| > enactment of this chapter, and                                      |
| >                                                                     |
| > **(2)** Federal authorities responsible for the protection of       |
| > archaeological resources on the public lands and Indian lands and   |
| > professional archaeologists and associations of professional        |
| > archaeologists.                                                     |
|                                                                       |
| In carrying out this section, the Secretary shall, to the extent      |
| practicable and consistent with the provisions of this chapter, make  |
| efforts to expand the archaeological data base for the archaeological |
| resources of the United States through increased cooperation between  |
| private individuals referred to in paragraph (1) and professional     |
| archaeologists and archaeological organizations.                      |
+-----------------------------------------------------------------------+
| **§ 470kk. Savings provisions**                                       |
+-----------------------------------------------------------------------+
| **(a)** Mining, mineral leasing, reclamation, and other multiple uses |
|                                                                       |
| Nothing in this chapter shall be construed to repeal, modify, or      |
| impose additional restrictions on the activities permitted under      |
| existing laws and authorities relating to mining, mineral leasing,    |
| reclamation, and other multiple uses of the public lands.             |
|                                                                       |
| **(b)** Private collections                                           |
|                                                                       |
| Nothing in this chapter applies to, or requires a permit for, the     |
| collection for private purposes of any rock, coin, bullet, or mineral |
| which is not an archaeological resource, as determined under uniform  |
| regulations promulgated under section                                 |
| [470bb](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--bb000-.html) |
| [(1)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--bb000-.html#1) |
| of this title.                                                        |
|                                                                       |
| **(c)** Lands within chapter                                          |
|                                                                       |
| Nothing in this chapter shall be construed to affect any land other   |
| than public land or Indian land or to affect the lawful recovery,     |
| collection, or sale of archaeological resources from land other than  |
| public land or Indian land.                                           |
+-----------------------------------------------------------------------+
| **§ 470ll. Annual report to Congress**                                |
+-----------------------------------------------------------------------+
| As part of the annual report required to be submitted to the          |
| specified committees of the Congress pursuant to section              |
| [469a--3](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000469---a003-.html) |
| [(c)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00000469---a003-.html#c) |
| of this title, the Secretary of the Interior shall comprehensively    |
| report as a separate component on the activities carried out under    |
| the provisions of this chapter, and he shall make such                |
| recommendations as he deems appropriate as to changes or improvements |
| needed in the provisions of this chapter. Such report shall include a |
| brief summary of the actions undertaken by the Secretary under        |
| section                                                               |
| [470jj](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470--jj000-.html) |
| of this title, relating to cooperation with private individuals.      |
+-----------------------------------------------------------------------+
| **§ 470mm. Surveying of lands; reporting of violations**              |
+-----------------------------------------------------------------------+
| The Secretaries of the Interior, Agriculture, and Defense and the     |
| Chairman of the Board of the Tennessee Valley Authority shall---      |
|                                                                       |
| **(a)** develop plans for surveying lands under their control to      |
| determine the nature and extent of archeological resources on those   |
| lands;                                                                |
|                                                                       |
| **(b)** prepare a schedule for surveying lands that are likely to     |
| contain the most scientifically valuable archeological resources; and |
|                                                                       |
| **(c)** develop documents for the reporting of suspected violations   |
| of this chapter and establish when and how those documents are to be  |
| completed by officers, employees, and agents of their respective      |
| agencies.                                                             |
+-----------------------------------------------------------------------+