An act to protect archaeological resources on public lands and Indian lands, and for other purposes.
PL 96-95 (H.R.1825), enacted 10/31/1979

PUBLIC LAW 96-95—OCT. 31, 1979 
93 STAT. 721 
Public Law 96-95 
96th Congress 
An Act 
To protect archaeological resources on public lands and Indian lands, and for other 
Oct. 31,1979 
purposes. 
[H.R. 1825] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Archaeological 
Resources 
Protection Act of 
SHORT TITLE 
1979. 
SECTION 1. This Act may be cited as the "Archaeological Resources 
Protection Act of 1979". 
l6USC470aa 
note. 
FINDINGS AND PURPOSE 
SEC. 2. (a) The Congress finds that— 
16 USC 470aa. 
(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 re-
sources 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 Act 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 com-
munity, and private individuals having collections of archaeological 
resources and data which were obtained before the date of the 
enactment of this Act. 
DEFINITIONS 
SEC. 3. As used in this Act— 
16 use 470bb. 
(1) The term "archaeological resource" means any material 
remains of past human life or activities which are of archaeologi-
cal interest, as determined under uniform regulations promul-
gated pursuant to this Act. 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 carv-
ings, 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 regula-
tions under this paragraph, unless found in an archaeological 
59-194 O — 81 
48 : QU 
93 STAT. 722 
PUBLIC LAW 96-95—OCT. 31, 1979 
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 manage-
ment 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 Act of the Secretary of any depart-
ment (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 o
f
— 
(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 
AlEiska Native village or regional or village corporation as 
defined in, or established pursuant to, the Alaska Native Claims 
43 use 1601 
Settlement Act (85 Stat. 688). 
^°^- 
(6) The term "person" means an individual, corporation, part-
nership, trust, institution, association, or any other private 
entity or any officer, employee, agent, department, or instrumen-
tality 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. 
EXCAVATION AND REMOVAL 
Permit 
SEC. 4. (a) Any person may apply to the Federal land manager for a 
application. 
permit to excavate or remove any archaeologicsil 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 Act, to contain such informa-
tion as the Federal land manager deems necessary, including infor-
mation concerning the time, scope, and location and specific purpose 
of 
the proposed work. 
PUBLIC LAW 96-95—OCT. 31, 1979 
93 STAT. 723 
(b) A permit may be issued pursuant to an application under 
subsection (a) if the Federal land manager determines, pursuant to 
uniform regulations under this Act, 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 re-
moved from public lands will remain the property of the United 
States, and such resources and copies of associated archaeologi-
cal 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) 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 9. 
(d) Any permit under this section shall contain such terms and 
conditions, pursuant to uniform regulations promulgated under this 
Act, £is the Federal land manager concerned deems necessary to carry 
out the purposes of this Act. 
(e) 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 Act and other law 
applicable to the permitted activity. 
(f) 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 6. Any 
such permit may be revoked by such Federal land manager upon 
assessment of a civil penalty under section 7 against the permittee or 
upon the permittee's conviction under section 6. 
(gXD 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 
emy 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 archae-
ological 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 
Indiein or Indian tribe. 
(h)(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, shsill remain in 
effect according to its terms and conditions following the enactment 
of this Act. No permit under this Act shall be required to carry out 
any activity under a permit issued under the Act of June 8, 1906, 
before the date of the enactment of this Act which remains in effect 
as provided in this paragraph, and nothing in this Act shall modify or 
affect any such permit. 
93 STAT. 724 
PUBLIC LAW 96-95—OCT. 31, 1979 
(i) Issuance of a permit in accordance with this section and 
applicable regulations shall not require compliance with section 106 
of the Act of October 15,1966 (80 Stat. 917,16 U.S.C. 470f). 
(j) 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, re-
moval, and curation, on behalf of the State or its educational 
institutions, to such Governor or to such designee £is the Governor 
deems qualified to carry out the intent of this Act. 
Regulations. 
16 u s e 470dd. 
16 u s e 470ee. 
CUSTODY OF RESOURCES 
SEC. 5. The Secretary of the Interior may promulgate regulations 
providing for— 
(1) the exchange, where appropriate, between suitable univer-
sities, museums, or other scientific or educational institutions, of 
archaeological resources removed from public lands and Indian 
lands pursuant to this Act, and 
(2) the ultimate disposition of such resources and other re-
sources removed pursuant to the Act of June 27, 1960 (16 U.S.C. 
469-469C) or the Act of June 8,1906 (16 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 Act. 
PROHIBITED ACTS AND CRIMINAL PENALTIES 
SEC. 6. (a) No person may 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 4, a permit referred to in section 4(h)(2), or the exemption 
contained in section 4(g)(1). 
(b) 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), or 
(2) any provision, rule, regulation, ordinance, or permit in 
effect under any other provision of Federal law. 
(c) No person may sell, purchase, exchange, transport, receive, or 
offer to sell, purchase, or exchange, in interstate or foreign com-
merce, any archaeological resource excavated, removed, sold, pur-
chased, exchanged, transported, or received in violation of any 
provision, rule, regulation, ordinance, or permit in effect under State 
or local law. 
(d) 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 
$5,000, such person shall be fined not more than $20,000 or impris-
PUBLIC LAW 96-95—OCT. 31, 1979 
93 STAT. 725 
oned 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) The prohibitions contained in this section shall take effect on 
the date of the enactment of this Act. 
(f) 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 the date of 
the enactment of this Act. 
(g) 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. 
CIVIL PENALTIES 
SEC. 7. (aXD Any person who violates any prohibition contained in 16 USC 470if. 
an applicable regulation or permit issued under this Act 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 regula-
tions promulgated pursuant to this Act, taking into account, in 
addition to other factors— 
(A) the archaeological or commercial value of the archaeologi-
cal resource involved, and 
(B) the cost of restoration and repair of the resource and the 
archaeologiced 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. 
(bXD Any person aggrieved by an order assessing a civil penalty 
under subsection (a) may file a petition for judicial review of sucn 
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 sheill 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. 
93 STAT. 726 
PUBLIC LAW 96-95—OCT. 31, 1979 
Subpenas. 
Witness fees. 
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 held during proceedings for the assessment of civil 
penalties authorized by subsection (a) shall be conducted in accord-
ance with section 554 of title 5 of the United States Code. 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. 
REWARDS; FORFEITURE 
16 use 470gg. 
SEC. 8. (a) 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 6 and 7 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 W£is 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) All archaeological resources with respect to which a violation of 
subsection (a), (h), or (c) of section 6 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 6, 
(2) assessment of a civil penalty against such person under 
section 7 with respect to such violation, or 
(3) a determination by any court that such archaeological 
resources, vehicles, or equipment were involved in such viola-
tion. 
(c) In cases in which a violation of the prohibition contained in 
subsection (a), (b), or (c) of section 6 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 pajnnent to the 
Indian or Indian tribe involved of all penalties collected pursuant to 
section 7 and for the transfer to such Indian or Indian tribe of all 
items forfeited under this section. 
PUBLIC LAW 96-95—OCT. 31, 1979 
93 STAT. 727 
CONFIDENTIALITY 
SEC. 9. (a) Information concerning the nature and location of any 16 USC 470hh. 
archaeological resource for which the excavation or removal requires 
a permit or other permission under this Act 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 of the United States Code or 5 USC 551. 
under any other provision of law unless the Federal land manager 
concerned determines that such disclosure would— 
(1) further the purposes of this Act or the Act of June 27,1960 
(16 U.S.C. 469-469C), and 
(2) not create a risk of harm to such resources or to the site at 
which such resources are located. 
(b) 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. 
REGULATIONS; INTERGOVERNMENTAL COORDINATION 
SEC. 10. (a) 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 Act. 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). Each uniform rule or regulation promulgated 
under this Act 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 Interior and Insular Affairs 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) 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 Act. 
Rules and 
regulations. 
16 USC 470ii. 
Submittal to 
congressional 
committees. 
Rules and 
regulations. 
COOPERATION WITH PRIVATE INDIVIDUALS 
SEC. 11. The Secretary of the Interior shall take such action as may 
be necessary, consistent with the purposes of this Act, to foster and 
improve the communication, cooperation, and exchange of informa-
tion between— 
(1) private individuals having collections of archaeological 
resources and data which were obtained before the date of the 
enactment of this Act, and 
(2) Federal authorities responsible for the protection of archae-
ological resources on the public lands and Indian lands and 
16 USC 470jj. 
93 STAT. 728 
PUBLIC LAW 96-95—OCT. 31, 1979 
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 Act, 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 profes-
sional archaeologists and archaeological organizations. 
SAVINGS PROVISIONS 
1
6 use 470kk. 
SEC. 12. (a) Nothing in this Act 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) Nothing in this Act 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 uni-
form regulations promulgated under section 3(1). 
(c) Nothing in this Act 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. 
REPORT 
1
6 use 470//. 
SEC. 13. As part of the annual report required to be submitted to the 
specified committees of the Congress pursuant to section 5(c) of the 
Act of June 27,1960 (74 Stat. 220; 16 U.S.C. 469-469a), the Secretary 
of the Interior shall comprehensively report as a separate component 
on the activities carried out under the provisions of this Act, and he 
shall make such recommendations as he deems appropriate as to 
changes or improvements needed in the provisions of this Act. Such 
report shall include a brief summary of the actions undertaken by the 
Secretary under section 11 of this Act, relating to cooperation with 
private individuals. 
Approved October 31, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-311 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-179 accompanying S. 490 (eomm. on Energy and Natural 
Resources). 
eONGRESSIONAL REGORD, Vol. 125 (1979): 
July 9, considered and passed House. 
July 30, considered and passed Senate, amended, in lieu of S. 490. 
Oct. 12, House agreed to Senate amendments with an amendment. 
Oct. 17, Senate concurred in House amendment.