U.S. Code » Title 16 » Chapter CHAPTER 1B— ARCHAEOLOGICAL RESOURCES PROTECTION

16 U.S.C. § 470bb

Definitions

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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) [43 U.S.C. 1601 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.(Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100–588, § 1(a), Nov. 3, 1988, 102 Stat. 2983.)Editorial NotesReferences in Text

The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1988—Par. (3). Pub. L. 100–588 substituted a period for semicolon at end.

Notes of Decisions
Cited in 10 cases, 1990–2020 · leading case: Meredith v. Fed. Mine Saf. & Health Review Comm'n, 177 F.3d 1042 (D.C. Cir. 1999).
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Meredith v. Fed. Mine Saf. & Health Review Comm'n, 177 F.3d 1042 (D.C. Cir. 1999). “performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government”); 16 U.S.C. § 470bb(6) (person means “an individual, corporation .”
WildEarth Guardians v. U.S. Dep't of Just., 283 F. Supp. 3d 783 (D. Ariz. 2017). “at 1140 (citing 16 U.S.C. § 470bb(1) ). The defendant argued the offense required proof of specific intent, i.”
United States v. Bradley Owen Austin, 902 F.2d 743 (9th Cir. 1990). “16 U.S.C. § 470bb(l). 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…”
Bonnichsen v. United States, 217 F. Supp. 2d 1116 (D. Or. 2002). “” 16 USC § 470bb; 43 CFR § 7.3 (l)(a), (3)(vi).”
United States v. Ian Martin Lynch, 233 F.3d 1139 (9th Cir. 2000). “In order to determine whether the skull was at least 100 years old, and therefore an “archeological resource” under 16 U.S.C. § 470bb(l), authorities cut out a section of the skull and had the fragment’s age measured by carbon dating.”
Starkey v. United States Dep't of Interior, 238 F. Supp. 2d 1188 (S.D. Cal. 2002). · cites it 4× “” Because the fee property is alienable only with the approval of the Secretary, the fee property falls within the scope of “Indian lands,” as defined in 16 U.S.C. § 470bb. Plaintiffs also argue that Defendants fail to establish that the “archaeological resources” sought to be…”
Kickapoo Traditional Tribe of Texas v. Chacon, 46 F. Supp. 2d 644 (W.D. Tex. 1999). “” 16 U.S.C. § 470bb(l) (emphasis added). To obtain a permit under ARPA, the applicant must request one from the federal *651 land manager having authority over the land.”
In Re the Exhumation of Lewis, 999 F. Supp. 1066 (M.D. Tenn. 1998). “16 U.S.C. § 470bb(l). Any person seeking to excavate any archaeological resource located on federal land must first apply with the federal land manager having authority over the land in question.”
Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C. 2020). “, 16 U.S.C. § 470bb(5) (defining “Indian tribe” as “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 (…”
Fein v. Peltier, 949 F. Supp. 374 (D.V.I. 1996). “and (B) all other lands the fee title to which is held by the United States 16 U.S.C. § 470bb(3). Plaintiff argues that the United States does "not own and administer as part of the national park system the Subject Parcel.”
— 16 U.S.C. § 470bb(1) — 2 cases
WildEarth Guardians v. U.S. Dep't of Just., 283 F. Supp. 3d 783 (D. Ariz. 2017). “at 1140 (citing 16 U.S.C. § 470bb(1) ). The defendant argued the offense required proof of specific intent, i.”
Starkey v. United States Dep't of Interior, 238 F. Supp. 2d 1188 (S.D. Cal. 2002). “” Because the fee property is alienable only with the approval of the Secretary, the fee property falls within the scope of “Indian lands,” as defined in 16 U.S.C. § 470bb. Plaintiffs also argue that Defendants fail to establish that the “archaeological resources” sought to be…”
— 16 U.S.C. § 470bb(3) — 1 case
Fein v. Peltier, 949 F. Supp. 374 (D.V.I. 1996). “and (B) all other lands the fee title to which is held by the United States 16 U.S.C. § 470bb(3). Plaintiff argues that the United States does "not own and administer as part of the national park system the Subject Parcel.”
— 16 U.S.C. § 470bb(4) — 1 case
Starkey v. United States Dep't of Interior, 238 F. Supp. 2d 1188 (S.D. Cal. 2002). “” Because the fee property is alienable only with the approval of the Secretary, the fee property falls within the scope of “Indian lands,” as defined in 16 U.S.C. § 470bb. Plaintiffs also argue that Defendants fail to establish that the “archaeological resources” sought to be…”
— 16 U.S.C. § 470bb(5) — 1 case
Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C. 2020). “, 16 U.S.C. § 470bb(5) (defining “Indian tribe” as “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 (…”
— 16 U.S.C. § 470bb(6) — 1 case
Meredith v. Fed. Mine Saf. & Health Review Comm'n, 177 F.3d 1042 (D.C. Cir. 1999). “performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government”); 16 U.S.C. § 470bb(6) (person means “an individual, corporation .”
— 16 U.S.C. § 470bb(l) — 5 cases
United States v. Bradley Owen Austin, 902 F.2d 743 (9th Cir. 1990). “16 U.S.C. § 470bb(l). 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…”
United States v. Ian Martin Lynch, 233 F.3d 1139 (9th Cir. 2000). “In order to determine whether the skull was at least 100 years old, and therefore an “archeological resource” under 16 U.S.C. § 470bb(l), authorities cut out a section of the skull and had the fragment’s age measured by carbon dating.”
Kickapoo Traditional Tribe of Texas v. Chacon, 46 F. Supp. 2d 644 (W.D. Tex. 1999). “” 16 U.S.C. § 470bb(l) (emphasis added). To obtain a permit under ARPA, the applicant must request one from the federal *651 land manager having authority over the land.”
Starkey v. United States Dep't of Interior, 238 F. Supp. 2d 1188 (S.D. Cal. 2002). “” Because the fee property is alienable only with the approval of the Secretary, the fee property falls within the scope of “Indian lands,” as defined in 16 U.S.C. § 470bb. Plaintiffs also argue that Defendants fail to establish that the “archaeological resources” sought to be…”
In Re the Exhumation of Lewis, 999 F. Supp. 1066 (M.D. Tenn. 1998). “16 U.S.C. § 470bb(l). Any person seeking to excavate any archaeological resource located on federal land must first apply with the federal land manager having authority over the land in question.”
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