Archaeological Resources Protection Act of 1979 - Authorizes 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 public lands or Indian lands pursuant to regulations set forth by the Secretary of the Interior. Exempts lands under the jurisdiction of the Smithsonian Institution from the definition of public lands for the purposes of this Act. Directs the Secretary 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; (3) the archaeological resources derived from public land will remain U.S. property and the resources, records, and data involved in the excavation will be preserved for a period of time by a suitable university, museum, or other scientific or educational institution; and (4) the activity is not inconsistent with any management plan.
Requires the Secretary, prior to issuing any permit which may result in harm to, or destruction of, any religious or cultural site, to notify and to obtain consent from the Indian tribe to whom the site may have such religious or cultural significance. Exempts from the permit requirement Indians or Indian tribes excavating archaeological resources on Indian lands pursuant to tribal law.
Authorizes the Secretary to issue regulations governing the custody and disposition of archaeological resources removed from public and Indian lands.
Prohibits any person from: (1) excavating, removing, damaging, or defacing any such resource unless such activity is pursuant to a permit or exempted activity under this Act; and (2) selling, purchasing, exchanging, transporting, or receiving any archaeological resource removed from land owned or controlled by the United States in violation of any provision, rule, regulation, or permit in effect under State or local law. Exempts persons in lawful possession of an archaeological resource prior to the date of enactment of this Act from certain prohibitions.
Sets forth the penalties for the violation of any prohibition contained in this Act.
Authorizes the Secretary of the Treasury to pay a reward, not to exceed $500, to any person who furnishes information leading to the finding of civil violation or conviction of criminal 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.
Directs the Secretaries of the Interior, Agriculture, and Defense to issue uniform rules and regulations appropriate to carrying out the purposes of this Act, upon consultation with other Federal land managers, Indian tribes, and State agencies.
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.
Introduced in Senate
Referred to Senate Committee on Energy and Natural Resources.
Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-179.
Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-179.
Call of calendar in Senate.
Measure considered in Senate.
Measure indefinitely postponed in Senate, H. R. 1825 passed in lieu.
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