16 U.S.C. § 470ii

Rules and regulations; intergovernmental coordination

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(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.

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.)Editorial NotesReferences in 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.

Amendments

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).

Notes of Decisions

Cited in 3 cases, 1997–2001 · leading case: United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997).

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United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). “16 U.S.C. § 470ii; 43 C.F.R. § 7.14 . Section 470ee of the Archaeological Resources Protection Act, the statute under which Mr.”

Wyoming Sawmills, Inc. v. United States Forest Serv., 179 F. Supp. 2d 1279 (D. Wyo. 2001). “, 16 U.S.C. § 470ii(c) (provision of Archeological Resources Protection Act), and make explicit the policy of the United States to protect the freedom of the Native Americans to exercise traditional religions through “access to sites, use and possession of sacred objects, and…”

United States v. Shumway (10th Cir. 1997). “16 U.S.C. § 470ii ; 43 C.F.R. § 7.14 . Section 470ee of the Archaeological Resources Protection Act, the statute under which Mr.”

— 16 U.S.C. § 470ii(c) — 1 case

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