The Antiquities Act of 1906
Antiquities Act of 1906 AS AMENDED
This Act became law on June 8, 1906 (34 Stat. 225, 16 U.S.C. 431-433) and has been amended once.
This description of the Act, as amended, tracks the language of the United States Code except that
(following common usage) we refer to the “Act” (meaning the Act, as amended) rather than to the
“subchapter” or the “title” of the Code.
16 U.S.C. 433, Penalties for damage, destruction, etc. of antiquities
Section 1
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. 16 U.S.C. 431, Proclamation of
national monuments, reservation of lands, etc.
16 U.S.C. 431, Proclamation of national monuments, reservation of lands, etc.
Section 2
The President of the United States is 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 proper
care and management of the objects to be protected. 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 [sic] behalf of the Government of the United States.
16 U.S.C. 431a, Limitation on more national monuments in Wyoming
No further extension or establishment of national monuments in Wyoming may be undertaken except by
express authorization of Congress.
7 16 U.S.C. 432, Permits for excavation, etc.
Section 3
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 Army to institutions which they may deem properly qualified to conduct such
examination, excavation, or gathering, subject to such rules and regulation as they may prescribe:
Provided, That the examinations, excavations, and gatherings are 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 museums.
16 U.S.C. 432, Rules and regulations
Section 4
The Secretaries of the departments aforesaid shall make and publish from time to time uniform rules
and regulations for the purpose of carrying out the provisions of this Act.
PAY ATTENTION TO SECTION TWO:
QUESTION: Does 1.7 MILLION acres around the Grand Canyon meet this
parameter? Does 160,000 acres in the VERDE VALLEY meet this
parameter? Government Overreach
Antiquities Act of 1906 AS AMENDED
This Act became law on June 8, 1906 (34 Stat. 225, 16 U.S.C. 431-433) and has been amended once.
This description of the Act, as amended, tracks the language of the United States Code except that
(following common usage) we refer to the “Act” (meaning the Act, as amended) rather than to the
“subchapter” or the “title” of the Code.
16 U.S.C. 433, Penalties for damage, destruction, etc. of antiquities
Section 1
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. 16 U.S.C. 431, Proclamation of
national monuments, reservation of lands, etc.
16 U.S.C. 431, Proclamation of national monuments, reservation of lands, etc.
Section 2
The President of the United States is 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 proper
care and management of the objects to be protected. 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 [sic] behalf of the Government of the United States.
16 U.S.C. 431a, Limitation on more national monuments in Wyoming
No further extension or establishment of national monuments in Wyoming may be undertaken except by
express authorization of Congress.
7 16 U.S.C. 432, Permits for excavation, etc.
Section 3
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 Army to institutions which they may deem properly qualified to conduct such
examination, excavation, or gathering, subject to such rules and regulation as they may prescribe:
Provided, That the examinations, excavations, and gatherings are 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 museums.
16 U.S.C. 432, Rules and regulations
Section 4
The Secretaries of the departments aforesaid shall make and publish from time to time uniform rules
and regulations for the purpose of carrying out the provisions of this Act.
PAY ATTENTION TO SECTION TWO:
QUESTION: Does 1.7 MILLION acres around the Grand Canyon meet this
parameter? Does 160,000 acres in the VERDE VALLEY meet this
parameter? Government Overreach
