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16 U.S.C. § 470bbDefinitions

submitted 47 years ago by Pub. L. 96-95 to r/title-16-CONSERVATION · 518 words · no verdicts yet

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This section defines terms used throughout the chapter on archaeological resources: what counts as an archaeological resource, who a Federal land manager is, and what public lands, Indian lands, Indian tribe, person, and State mean.

This section defines seven terms used throughout the chapter: (1) "Archaeological resource" means physical remains of past human life or activity that matter to archaeology, as decided by regulations under this chapter. Regulations must include (but aren't limited to) things like pottery, baskets, bottles, weapons and their projectiles, tools, structures or parts of structures, pit houses, rock paintings and carvings, intaglios, graves, and human skeletal remains, along with any piece of these. Fossils, whether fossilized or not, don't count as archaeological resources unless found in an archaeological context. Nothing counts as an archaeological resource unless it's at least 100 years old. (2) "Federal land manager" means the Secretary of the relevant department, or the head of any other federal agency, with primary management authority over public lands or Indian lands. If no agency has that authority, it means the Secretary of the Interior. With the Secretary of the Interior's consent, another department's or agency's responsibilities under this chapter can be delegated to the Secretary of the Interior for land that other agency manages — and then "Federal land manager" means the Secretary of the Interior for that land. (3) "Public lands" means (A) land owned and run by the United States as part of the national park system, national wildlife refuge system, or national forest system, and (B) all other land the United States owns outright, except land on the Outer Continental Shelf and land under the Smithsonian Institution's jurisdiction. (4) "Indian lands" means land belonging to Indian tribes or individuals that is either held in trust by the United States or that the United States restricts from being sold — except for underground mineral rights in land not owned or controlled by an Indian tribe or individual. (5) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation set up under the Alaska Native Claims Settlement Act. (6) "Person" means an individual, corporation, partnership, trust, institution, association, or other private entity, or any officer, employee, agent, department, or arm of the United States, an Indian tribe, or a state or local government. (7) "State" means any of the fifty states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100–588, § 1(a), Nov. 3, 1988, 102 Stat. 2983.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-95 · 93 Stat. 721
  • 1988Amended · Pub. L. 100-588 · 102 Stat. 2983

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-95 on 1979-10-31.

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