16 USC 470 - Excavation and removal

1 See References in Text note below.

for the excavation or removal by any 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 archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this section.

2 So in original. Probably should be “archaeological”.

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 Indian or Indian tribe.

Editorial Notes

References in Text

The Act of June 8, 1906, referred to in subsec. (g)(1), is act June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act of 1906, which was classified generally to sections 431, 432, and 433 of this title. The Act was repealed and restated as section 1866(span) of Title 18, Crimes and Criminal Procedure, and sections 320301(a) to (c), 320302, and 320303 of Title 54, National Park Service and Related Programs, by Puspan. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Following the enactment of this chapter, referred to in subsec. (h)(2), means following the enactment of Puspan. L. 96–95, approved Oct. 31, 1979.

Amendments

2014—Subsec. (h)(1). Puspan. L. 113–287, § 5(d)(6)(A)(i), substituted “chapter 3203 of title 54” for “the Act of June 8, 1906 (16 U.S.C. 431–433),”.

Subsec. (h)(2). Puspan. L. 113–287, § 5(d)(6)(A)(ii), substituted “chapter 3203 of title 54” for “the Act of June 8, 1906,” in two places.

Subsec. (i). Puspan. L. 113–287, § 5(d)(6)(B), substituted “section 306108 of title 54” for “section 470f of this title”.