§ 470bb. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Archaeological Resources Protection Act of 1979

   Pub. L. 96–95 § 3 · 93 Stat. 721

   Enacted · 16 U.S.C. § 470bb

   Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721

   Source evidence

   Code source credit
   Pub. L. 96–95, § 3, Oct. 31, 1979, 93 Stat. 721

   Enacted provision · exact public law section
   Sec. 3. definitions As used in this Act— 16 USC 4770bb. (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 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 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 an 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 Act 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 43 USC 1001 note. Settlement Act (85 Stat. 688). (6) The term “person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or arty 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.

2. 1988

   Pub. L. 100–588 § 1(a) · 102 Stat. 2983

   Substituted · 16 U.S.C. § 470bb(3)

   Pub. L. 100–588 substituted a period for semicolon at end

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 100–588 substituted a period for semicolon at end.

   Enacted provision · exact public law section
   (a) Section 3(3) of such Act is amended by striking out the semicolon 16 USC 470bb. at the end thereof and substituting a period.

2 of 2 references resolved to an enrolled provision