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§ 320105. Criminal penalties 
Criminal penalties for a violation of a regulation authorized by this chap-
ter are provided by section 1866 of title 18. 
§ 320106. Limitation on obligation or expenditure of appro-
priated amounts 
Notwithstanding any other provision of law, no funds appropriated or 
otherwise made available to the Secretary to carry out subsection (f) or (g) 
of section 320102 of this title may be obligated or expended— 
(1) unless the appropriation of the funds has been specifically au-
thorized by law enacted on or after October 30, 1992; or 
(2) in excess of the amount prescribed by law enacted on or after 
October 30, 1992. 
Chaper 3203—Monuments, Ruins, Sites, 
and Objects of Antiquity 
Sec. 
320301.
National monuments. 
320302.
Permits. 
320303.
Regulations. 
§ 320301. National monuments 
(a) PRESIDENTIAL DECLARATION.—The President may, in the Presi-
dent’s discretion, declare by public proclamation historic landmarks, historic 
and prehistoric structures, and other objects of historic or scientific interest 
that are situated on land owned or controlled by the Federal Government 
to be national monuments. 
(b) RESERVATION OF LAND.—The President may reserve parcels of land 
as a part of the national monuments. The limits of the parcels shall be con-
fined to the smallest area compatible with the proper care and management 
of the objects to be protected. 
(c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is 
situated on a parcel covered by a bona fide unperfected claim or held in 
private ownership, the parcel, or so much of the parcel as may be necessary 
for the proper care and management of the object, may be relinquished to 
the Federal Government and the Secretary may accept the relinquishment 
of the parcel on behalf of the Federal Government. 
(d) LIMITATION
ON EXTENSION
OR ESTABLISHMENT
OF NATIONAL 
MONUMENTS
IN WYOMING.—No extension or establishment of national 
monuments in Wyoming may be undertaken except by express authorization 
of Congress. 
§ 320302. Permits 
(a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of 
Agriculture, or the Secretary of the Army may grant a permit for the exam-
ination of ruins, the excavation of archeological sites, and the gathering of 
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objects of antiquity on land under their respective jurisdictions to an institu-
tion that the Secretary concerned considers properly qualified to conduct the 
examination, excavation, or gathering, subject to such regulations as the 
Secretary concerned may prescribe. 
(b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A per-
mit may be granted only if— 
(1) the examination, excavation, or gathering is undertaken for the 
benefit of a reputable museum, university, college, or other recognized 
scientific or educational institution, with a view to increasing the 
knowledge of the objects; and 
(2) the gathering shall be made for permanent preservation in a pub-
lic museum. 
§ 320303. Regulations 
The Secretary, the Secretary of Agriculture, and the Secretary of the 
Army shall make and publish uniform regulations for the purpose of car-
rying out this chapter. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) TITLE 18.— 
(1) IN GENERAL.—Chapter 91 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘§ 1865. National Park Service 
‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT 
OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation 
authorized by section 100751(a) of title 54 shall be imprisoned not more 
than 6 months, fined under this title, or both, and be adjudged to pay all 
cost of the proceedings. 
‘‘(b) FINANCIAL
DISCLOSURE
BY
OFFICERS
OR
EMPLOYEES
PER-
FORMING FUNCTIONS OR DUTIES UNDER SUBCHAPTER III OF CHAPTER 
1007 OF TITLE 54.—An officer or employee of the Department of the Inte-
rior who is subject to, and knowingly violates, section 100737 of title 54 
or any regulation prescribed under that section shall be imprisoned not 
more than one year, fined under this title, or both. 
‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A per-
son that willfully destroys, mutilates, defaces, injures, or removes any monu-
ment, statue, marker, guidepost, or other structure, or that willfully de-
stroys, cuts, breaks, injures, or removes any tree, shrub, or plant within a 
national military park shall be imprisoned not less than 15 days nor more 
than one year, fined under this title but not less than $10 for each monu-
ment, statue, marker, guidepost, or other structure, tree, shrub, or plant 
that is destroyed, defaced, injured, cut, or removed, or both. 
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‘‘(d) TRESPASSING
IN
A NATIONAL MILITARY PARK TO HUNT
OR 
SHOOT.—An individual who trespasses in a national military park to hunt 
or shoot, or hunts game of any kind in a national military park with a gun 
or dog, or sets a trap or net or other device in a national military park 
to hunt or catch game of any kind, shall be imprisoned not less than 5 nor 
more than 30 days, fined under this title, or both. 
‘‘§ 1866. Historic, archeologic, or prehistoric items and an-
tiquities 
‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 3201 OF 
TITLE 54.—A person that violates any of the regulations authorized by 
chapter 3201 of title 54 shall be fined under this title and be adjudged to 
pay all cost of the proceedings. 
‘‘(b) APPROPRIATION OF, INJURY TO, OR DESTRUCTION OF HISTORIC OR 
PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.—A person 
that appropriates, excavates, injures, or destroys any historic or prehistoric 
ruin or monument or any other object of antiquity that is situated on land 
owned or controlled by the Federal Government without the permission of 
the head of the Federal agency having jurisdiction over the land on which 
the object is situated, shall be imprisoned not more than 90 days, fined 
under this title, or both.’’. 
(2) TABLE OF CONTENTS.—The table of contents of chapter 91 of 
title 18, United States Code, is amended by adding at the end the fol-
lowing: 
‘‘1865.
National Park Service. 
‘‘1866.
Historic, archeologic, or prehistoric items and antiquities.’’. 
(b) TITLE 28.— 
(1) IN
GENERAL.—Part VI of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘CHAPTER 190—MISCELLANEOUS 
‘‘Sec. 
‘‘5001.
Civil action for death or personal injury in a place subject to exclusive jurisdiction 
of United States. 
‘‘§ 5001. Civil action for death or personal injury in a place 
subject to exclusive jurisdiction of United States 
‘‘(a) DEATH.—In the case of the death of an individual by the neglect 
or wrongful act of another in a place subject to the exclusive jurisdiction 
of the United States within a State, a right of action shall exist as though 
the place were under the jurisdiction of the State in which the place is lo-
cated. 
‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 
of an injury sustained in a place described in subsection (a), the rights of 
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the parties shall be governed by the law of the State in which the place is 
located.’’. 
(2) TABLE OF CONTENTS.—The table of contents of part VI of title 
28, United States Code, is amended by adding at the end the following: 
‘‘190. Miscellaneous .............................................................................................
5001’’. 
(c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 (114 Stat. 
314) is amended to read as follows: 
‘‘SECTION 1. COMMERCIAL FILMING. 
‘‘(a) COMMERCIAL FILMING FEE.— 
‘‘(1) IN GENERAL.—The Secretary of the Interior or the Secretary 
of Agriculture (hereafter individually referred to as the ‘Secretary’ with 
respect to land (except land in a System unit as defined in section 
100102 of title 54, United States Code) under their respective jurisdic-
tions) shall require a permit and shall establish a reasonable fee for 
commercial filming activities or similar projects on Federal land admin-
istered by the Secretary. The fee shall provide a fair return to the 
United States and shall be based on the following criteria: 
‘‘(A) The number of days the filming activity or similar project 
takes place on Federal land under the Secretary’s jurisdiction. 
‘‘(B) The size of the film crew present on Federal land under 
the Secretary’s jurisdiction. 
‘‘(C) The amount and type of equipment present. 
‘‘(2) OTHER FACTORS.—The Secretary may include other factors in 
determining an appropriate fee as the Secretary considers necessary. 
‘‘(b) RECOVERY OF COSTS.—The Secretary shall collect any costs in-
curred as a result of filming activities or similar project, including adminis-
trative and personnel costs. All costs recovered shall be in addition to the 
fee assessed in subsection (a). 
‘‘(c) STILL PHOTOGRAPHY.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall not require a permit nor assess a fee for still photography 
on land administered by the Secretary if such photography takes place 
where members of the public are generally allowed. The Secretary may 
require a permit, fee, or both, if such photography takes place at other 
locations where members of the public are generally not allowed, or 
where additional administrative costs are likely. 
‘‘(2) EXCEPTION.—The Secretary shall require and shall establish a 
reasonable fee for still photography that uses models or props which 
are not a part of the site’s natural or cultural resources or administra-
tive facilities. 
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