Summary: H.R.1825 — 96th Congress (1979-1980)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House agreed to Senate amendment with amendment (10/12/1979)

(House agreed to Senate amendment with an amendment)

Archaeological Resources Protection Act of 1979 - Authorizes a Federal land manager (the Secretary of any Department or head of any agency of the United States) to issue a permit for excavation and/or removal of any archaeological resource located on land owned or controlled by the United States pursuant to uniform regulations under this Act. Exempts lands under the jurisdiction of the Smithsonian Institution from the definition of public lands for the purposes of this Act. Directs the Federal land manager to whom such application is made to determine that: (1) the applicant is qualified to carry out the activity; (2) the activity furthers archaeological knowledge in the public interest; (3) the archaeological resources which are excavated will remain the property of the United States and that such resources and associated records and data will be preserved by a suitable university, museum, or other scientific or educational institution; and (4) the activity is not inconsistent with any management plan applicable to the public lands concerned.

Directs the Federal land manager to notify any Indian tribe which may consider any excavation site as having religious or cultural importance prior to issuing a permit. Allows the Federal land manager to suspend or revoke the permit of any applicant against whom a civil penalty has been assessed or who has been convicted of a violation of any prohibited act as set forth in this Act.

Provides that no tribe or tribe member is required to get a permit to excavate on their tribal lands unless such tribe has no law regulating excavation and removal of resources on their lands. Requires the consent of a tribe or individual Indian for all permits for excavation on Indian lands.

Directs any Federal land manager to issue a permit to the Governor of any State, or to such designee as the Governor deems qualified, for archaeological research, excavation, removal, and curation on behalf of the State or its educational institutions.

Permits the Secretary to establish regulations providing for the exchange of archaeological resources between suitable institutions and the ultimate disposition of such resources.

Prohibits any person from: (1) injuring, excavating, removing, or otherwise altering or defacing any archaeological resources unless pursuant to a permit; and (2) selling, purchasing, exchanging, transporting, or receiving any archaeological resource removed from land owned or controlled by the United States or Indian lands in violation of any provision, rule, regulation, or permit in effect under State or local law.

Sets forth the penalties for the violation of any prohibition contained in this Act and administrative procedures for imposition of such penalties.

Authorizes the Secretary of the Treasury to pay an amount, not to exceed $500, to any person who furnishes information leading to the finding of civil violation of the prohibitions set forth in this Act. Subjects all archaeological resources and vehicles and equipment used in violation of this Act to forfeiture to the United States.

Specifies that information concerning the location of any archaeological resource for the excavation or removal of which a permit is required shall be confidential.

Provides for the Governor of any State to receive information concerning the nature and location of archaeological resources within the State if certain conditions are met.

Requires 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 State agencies, and after public notice and hearing, to promulgate uniform rules and regulations to carry out the purposes of this Act. Specifies that such uniform rules and regulations shall not take effect until 90 days after they have been transmitted to the specified congressional committees.

Directs the Secretary of the Interior to foster and improve the communication, cooperation, and exchange of information between private individuals having collections of archaeological resources and data and Federal authorities and professional archaeologists.

Declares that nothing in this Act shall be construed to repeal, modify or interfere with the mining and mineral leasing laws of the United States.

Directs the Secretary to submit a report to the Congress on the activities carried out under this Act.