13. ACT OF JUNE 8, 1906

(POPULARLY KNOWN AS THE ANTIQUITIES ACT OF 1906)

(16 U.S.C. 431 et seq.)

CHAP. 3060.—AN ACT For the preservation of American antiquities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That [16 U.S.C. 433] any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court.

SEC. 2.1 [16 U.S.C. 431] That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.

SEC. 3. [16 U.S.C. 432] That permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gatherings, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are

1 For a list of National Monuments established under Presidential proclamation and miscellaneous National Monuments and National Memorials established by Act of Congress, see 16 U.S.C. 431 note.

undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public mu

seums.

SEC. 4. [16 U.S.C. 432] That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purposes of carrying out the provisions of this Act.

14. PUBLIC LAW 86-523

(POPULARLY KNOWN AS THE ARCHAEOLOGICAL RECOVERY ACT) [As Amended Through Public Law 106-580, Dec. 31, 2000]

71-668 2001 - 12

14. PUBLIC LAW 86–523

(POPULARLY KNOWN AS THE ARCHAEOLOGICAL RECOVERY ACT1)

(Approved June 27, 1960; 16 U.S.C. 469 et seq.)

AN ACT To provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [16 U.S.C. 469] That it is the purpose of this Act to further the policy set forth ir the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461-467), by specifically providing for the preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed as the result of (1) flooding, the building of access roads, the erection of workmen's communities, the relocation of railroads and highways, and other alterations of the terrain caused by the construction of a dam by any agency of the United States, or by any private person or corporation holding a license issued by any such agency or (2) any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program.

SEC. 2. [16 U.S.C. 469a] Before any agency of the United States shall undertake the construction of a dam, or issue a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary of the Interior (hereafter referred to as the Secretary) setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if such construction is undertaken: Provided, That with respect to any floodwater retarding dam which provides less than five thousand acre-feet of detention capacity and with respect to any other type of dam which creates a reservoir of less than forty surface acres the provisions of this section shall apply only when the constructing agency, in its preliminary surveys, finds, or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area.

SEC. 3. [16 U.S.C. 469a-1] (a) Whenever any Federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant

1 This Act is also known as the "Archaeological Salvage Act" or the "Moss-Bennett Act”.