16 USC 470hh
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 16 USC 470hh | status: Basic | banner: CUI//ARCHR.
- DoD authority row: 16 USC 470hh. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 16 USC 470hh | status: Basic | banner: CUI//ARCHR
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI//ARCHR. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI//ARCHR.
Extracted authority meaning
- Page 823 TITLE 16—CONSERVATION § 470hh
- Registry designation context: Basic, CUI//ARCHR. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to information about the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission.
- DoD category scope used with this authority: Information related to the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission.
- 16 USC 470hh | status: Basic | banner: CUI//ARCHR
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI//ARCHR. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to information about the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission.
- DoD category scope: Information related to the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission.
- Extracted authority condition: Cooperation with private individuals The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between— (1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this chapter, and (2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.
- Extracted authority condition: Confidentiality of information concern- ing nature and location of archaeological re- sources (a) Disclosure of information Information concerning the nature and loca- tion of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provi- sion of law unless the Federal land manager con- cerned determines that such disclosure would— (1) further the purposes of this chapter or chapter 3125 of title 54, and (2) not create a risk of harm to such re- sources or to the site at which such resources are located.
- Extracted authority condition: Annual report to Congress As part of the annual report required to be submitted to the specified committees of the Congress pursuant to section 469a–3(c) 1 of this title, the Secretary of the Interior shall com- prehensively report as a separate component on
- Extracted authority condition: Each uniform rule or regulation pro- mulgated under this chapter shall be submitted on the same calendar day to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Natural Resources of the United States House of Rep- resentatives, and no such uniform rule or regu- lation may take effect before the expiration of a period of ninety calendar days following the date of its submission to such Committees.
- Extracted authority condition: The court shall hear such action on the record made before the Federal land manager and shall sustain his ac- tion if it is supported by substantial evidence on the record considered as a whole.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI//ARCHR.
- Nara basic or specified: Basic
- Nara authority rows: 16 USC 470hh | status: Basic | banner: CUI//ARCHR || 43 CFR 7.18 | status: Basic | banner: CUI//ARCHR
- Nara banner markings: CUI//ARCHR
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Cooperation with private individuals The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between— (1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this chapter, and (2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.
- Extracted authority control: Confidentiality of information concern- ing nature and location of archaeological re- sources (a) Disclosure of information Information concerning the nature and loca- tion of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provi- sion of law unless the Federal land manager con- cerned determines that such disclosure would— (1) further the purposes of this chapter or chapter 3125 of title 54, and (2) not create a risk of harm to such re- sources or to the site at which such resources are located.
- Extracted authority control: (b) Request for disclosure by Governors Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state— (1) the specific site or area for which infor- mation is sought, (2) the purpose for which such information is sought, (3) a commitment by the Governor to ade- quately protect the confidentiality of such in- formation to protect the resource from com- mercial exploitation, the Federal land manager concerned shall pro- vide to the Governor information concerning the
- Extracted authority control: (c) Federal land managers’ public awareness pro- gram of archaeological resources on public lands and Indian lands Each Federal land manager shall establish a program to increase public awareness of the sig- nificance of the archaeological resources located on public lands and Indian lands and the need to protect such resources.
- Extracted authority control: (c) Hearings Hearings held during proceedings for the as- sessment of civil penalties authorized by sub- section (a) shall be conducted in accordance with section 554 of title 5.
- Extracted authority control: Enforcement (a) Rewards Upon the certification of the Federal land manager concerned, the Secretary of the Treas- ury is directed to pay from penalties and fines collected under sections 470ee and 470ff of this title an amount equal to one-half of such pen- alty or fine, but not to exceed $500, to any per- son who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which such penalty or fine was paid.
- Extracted authority control: (b) Forfeitures All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of section 470ee of this title occurred and which are in the possession of any person, and all vehicles and equipment of any person which were used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case may be) subject to forfeiture to the United States upon— (1) such person’s conviction of such violation under section 470ee of this title, (2) assessment of a civil penalty against such person under section 470ff of this title with re- spect to such violation, or (3) a determination by any court that such archaeological resources, vehicles, or equip- ment were involved in such violation.
Authority excerpts
Most relevant extracted authority passageCooperation with private individuals The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between— (1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this chapter, and (2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.
Extracted authority passage 2Confidentiality of information concern- ing nature and location of archaeological re- sources (a) Disclosure of information Information concerning the nature and loca- tion of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provi- sion of law unless the Federal land manager con- cerned determines that such disclosure would— (1) further the purposes of this chapter or chapter 3125 of title 54, and (2) not create a risk of harm to such re- sources or to the site at which such resources are located.
Extracted authority passage 3(b) Request for disclosure by Governors Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state— (1) the specific site or area for which infor- mation is sought, (2) the purpose for which such information is sought, (3) a commitment by the Governor to ade- quately protect the confidentiality of such in- formation to protect the resource from com- mercial exploitation, the Federal land manager concerned shall pro- vide to the Governor information concerning the
Extracted authority passage 4(c) Federal land managers’ public awareness pro- gram of archaeological resources on public lands and Indian lands Each Federal land manager shall establish a program to increase public awareness of the sig- nificance of the archaeological resources located on public lands and Indian lands and the need to protect such resources.
Extracted authority passage 5(c) Hearings Hearings held during proceedings for the as- sessment of civil penalties authorized by sub- section (a) shall be conducted in accordance with section 554 of title 5.
Extracted authority passage 6Annual report to Congress As part of the annual report required to be submitted to the specified committees of the Congress pursuant to section 469a–3(c) 1 of this title, the Secretary of the Interior shall com- prehensively report as a separate component on