dreamproit/uscode huggingface dataset:
16 U.S.C. § 470hh (CONSERVATION)
§ 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 of chapter 5 of title 5 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 chapter 3125 of title 54, 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), 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.
(Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727; Pub. L. 113–287, § 5(d)(8), Dec. 19, 2014, 128 Stat. 3265.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (a)(1). Pub. L. 113–287, which directed substitution of “chapter 3125 of title 54” for “the Act of June 27, 1960 (16 U.S.C. 469–469c)” in subsec. (a)(2), was executed by making the substitution in subsec. (a)(1), to reflect the probable intent of Congress.
16 U.S.C. § 470ii (CONSERVATION)
§ 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; 42 U.S.C. 1996 [, 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), 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.
(Pub. L. 96–95, § 10, Oct. 31, 1979, 93 Stat. 727; Pub. L. 100–588, § 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub. L. 103–437, § 6(d)(30), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(A), Nov. 12, 1996, 110 Stat. 4196.)
heading: Editorial Notes
heading: References in Text
text: The American Indian Religious Freedom Act, referred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–333 struck out at end “Each such land manager shall submit an annual report to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate regarding the actions taken under such program.”
1994—Subsecs. (a), (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
1988—Subsec. (c). Pub. L. 100–588 added subsec. (c).
16 U.S.C. § 470jj (CONSERVATION)
§ 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.
(Pub. L. 96–95, § 11, Oct. 31, 1979, 93 Stat. 727.)
16 U.S.C. § 470kk (CONSERVATION)
§ 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(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.
(Pub. L. 96–95, § 12, Oct. 31, 1979, 93 Stat. 728.)
16 U.S.C. § 470ll (CONSERVATION)
§ 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(c) 1 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 of this title, relating to cooperation with private individuals.
(Pub. L. 96–95, § 13, Oct. 31, 1979, 93 Stat. 728.)
heading: Editorial Notes
heading: References in Text
text: Section 469a–3 of this title, referred to in text, was repealed and restated as section 312504 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. Prior to repeal of section 469a–3, language in subsec. (c) of that section that required submission of an annual report was struck out by Pub. L. 104–333.
16 U.S.C. § 470mm (CONSERVATION)
§ 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.
(Pub. L. 96–95, § 14, as added Pub. L. 100–555, Oct. 28, 1988, 102 Stat. 2778.)
16 U.S.C. § 470aaa (CONSERVATION)
§ 470aaa. Definitions
In this chapter:
(1) Casual collecting
The term “casual collecting” means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms “reasonable amount”, “common invertebrate and plant paleontological resources” and “negligible disturbance” shall be determined by the Secretary.
(2) Federal land
The term “Federal land” means—
(A) land controlled or administered by the Secretary of the Interior, except Indian land; or
(B) National Forest System land controlled or administered by the Secretary of Agriculture.
(3) Indian Land
The term “Indian Land” means land 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.
(4) Paleontological resource
The term “paleontological resource” means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include—
(A) any materials associated with an archaeological resource (as defined in section 470bb(1) of this title; 1 or
(B) any cultural item (as defined in section 3001 of title 25).
(5) Secretary
The term “Secretary” means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture.
(6) State
The term “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(Pub. L. 111–11, title VI, § 6301, Mar. 30, 2009, 123 Stat. 1172.)
16 U.S.C. § 470aaa–1 (CONSERVATION)
§ 470aaa–1. Management
(a) In general
The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.
(b) Coordination
To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this chapter.
(Pub. L. 111–11, title VI, § 6302, Mar. 30, 2009, 123 Stat. 1173.)
16 U.S.C. § 470aaa–3 (CONSERVATION)
§ 470aaa–3. Collection of paleontological resources
(a) Permit requirement
(1) In general
Except as provided in this chapter, a paleontological resource may not be collected from Federal land without a permit issued under this chapter by the Secretary.
(2) Casual collecting exception
The Secretary shall allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land 1 and this chapter.
(3) Previous permit exception
Nothing in this section shall affect a valid permit issued prior to March 30, 2009.
(b) Criteria for issuance of a permit
The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—
(1) the applicant is qualified to carry out the permitted activity;
(2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten significant natural or cultural resources.
(c) Permit specifications
A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this chapter. Every permit shall include requirements that—
(1) the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;
(2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and
(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary.
(d) Modification, suspension, and revocation of permits
(1) The Secretary may modify, suspend, or revoke a permit issued under this section—
(A) for resource, safety, or other management considerations; or
(B) when there is a violation of term or condition of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 470aaa–5 of this title or is assessed a civil penalty under section 470aaa–6 of this title.
(e) Area closures
In order to protect paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources.
(Pub. L. 111–11, title VI, § 6304, Mar. 30, 2009, 123 Stat. 1173.)
16 U.S.C. § 470aaa–4 (CONSERVATION)
§ 470aaa–4. Curation of resources
Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.
(Pub. L. 111–11, title VI, § 6305, Mar. 30, 2009, 123 Stat. 1174.)
16 U.S.C. § 470aaa–5 (CONSERVATION)
§ 470aaa–5. Prohibited acts; criminal penalties
(a) In general
A person may not—
(1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this chapter;
(2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this chapter; or
(3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.
(b) False labeling offenses
A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.
(c) Penalties
A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18 or imprisoned not more than 5 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18 or imprisoned not more than 2 years, or both.
(d) Multiple offenses
In the case of a second or subsequent violation by the same person, the amount of the penalty assessed under subsection (c) may be doubled.
(e) General exception
Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to March 30, 2009.
(Pub. L. 111–11, title VI, § 6306, Mar. 30, 2009, 123 Stat. 1174.)
16 U.S.C. § 470aaa–7 (CONSERVATION)
§ 470aaa–7. Rewards and forfeiture
(a) Rewards
The Secretary may pay from penalties collected under section 470aaa–5 or 470aaa–6 of this title or from appropriated funds—
(1) consistent with amounts established in regulations by the Secretary; or
(2) if no such regulation exists, an amount up to ½ of the penalties, 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 the penalty was paid. If several persons provided the information, the amount shall be divided among the 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) Forfeiture
All paleontological resources with respect to which a violation under section 470aaa–5 or 470aaa–6 of this title occurred and which are in the possession of any person, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture.
(c) Transfer of seized resources
The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.
(Pub. L. 111–11, title VI, § 6308, Mar. 30, 2009, 123 Stat. 1176.)
16 U.S.C. § 470aaa–8 (CONSERVATION)
§ 470aaa–8. Confidentiality
Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary determines that disclosure would—
(1) further the purposes of this chapter;
(2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
(Pub. L. 111–11, title VI, § 6309, Mar. 30, 2009, 123 Stat. 1176.)
16 U.S.C. § 470aaa–9 (CONSERVATION)
§ 470aaa–9. Regulations
As soon as practical after March 30, 2009, the Secretary shall issue such regulations as are appropriate to carry out this chapter, providing opportunities for public notice and comment.
(Pub. L. 111–11, title VI, § 6310, Mar. 30, 2009, 123 Stat. 1177.)
16 U.S.C. § 471 (CONSERVATION)
§ 471. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792
text: Section, acts Mar. 3, 1891, ch. 561, § 24, 26 Stat. 1103; Mar. 4, 1907, ch. 2907, 34 Stat. 1271; June 25, 1910, ch. 421, § 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; June 7, 1924, ch. 348, § 9 (first and fifth sentences), 43 Stat. 655, provided for establishment of national forests by the President, limited inclusion of lands in certain States, and authorized addition of lands suitable for production of timber.
text: Act Mar. 4, 1907, cited above, was not repealed by Pub. L. 94–579.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Section 704(a) of Pub. L. 94–579 provided that this section is repealed effective on and after Oct. 21, 1976.
heading: Savings Provision
text: Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands.
16 U.S.C. § 471a (CONSERVATION)
§ 471a. Forest reserves in New Mexico and Arizona restricted
No forest reservation shall be created, nor shall any additions be made to one created prior to June 15, 1926, within the limits of the States of New Mexico and Arizona except by Act of Congress.
(June 15, 1926, ch. 587, 44 Stat. 745.)
heading: Editorial Notes
heading: References in Text
text: Forest reservation, referred to in text, probably should be “national forest”. See act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.
16 U.S.C. § 471b (CONSERVATION)
§ 471b. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792
text: Section, act July 20, 1939, ch. 334, § 1, 53 Stat. 1071, authorized addition of lands within State of Montana to existing or inclusion within new national forests.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Section 704(a) of Pub. L. 94–579 provided that this section is repealed effective on and after Oct. 21, 1976.
heading: Savings Provision
text: Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands.
16 U.S.C. § 471c (CONSERVATION)
§ 471c. Lands in California set aside as reserved forest lands
The tracts of land in the State of California known and described as follows: Commencing at the northwest corner of township 2 north, range 19 east Mount Diablo meridian, thence eastwardly on the line between townships 2 and 3 north, ranges 24 and 25 east; thence southwardly on the line between ranges 24 and 25 east to the Mount Diablo base line; thence eastwardly on said base line to the corner to township 1 south, ranges 25 and 26 east; thence southwardly on the line between ranges 25 and 26 east to the southeast corner of township 2 south, range 25 east; thence eastwardly on the line between townships 2 and 3 south, range 26 east to the corner to townships 2 and 3 south, ranges 26 and 27 east; thence southwardly on the line between ranges 26 and 27 east to the first standard parallel south; thence westwardly on the first standard parallel south to the southwest corner of township 4 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 south, range 19 east; thence westwardly on the line between townships 1 and 2 south to the southwest corner of township 1 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 north, range 19 east, the place of beginning, are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands; and all persons who shall locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing in this section and sections 55, 61, and 471d of this title shall be construed as in anywise affecting any bona fide entry of land made within the limits above described under any law of the United States prior to October 1, 1890.
(Oct. 1, 1890, ch. 1263, § 1, 26 Stat. 650.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out as section 44 of this title. As originally enacted, this section contained two further provisions that “nothing in this act shall be construed as in any wise affecting the grant of lands made to the State of California by virtue of the act entitled ‘An act authorizing a grant to the State of California of the Yosemite Valley, and of the land’ embracing the Mariposa Big-Tree Grove, approved June thirtieth, eighteen hundred and sixty-four; or as affecting any bona-fide entry of land made within the limits above described under any law of the United States prior to the approval of this act.” The first quoted provision was omitted from the Code because the land, granted to the state of California pursuant to the Act cited, was receded to the United States. Resolution June 11, 1906, No. 27, accepted the recession.