Archeology Permits and Reports - 43 CFR Part 3

43 CFR Part 3 - Preservation of American Antiquities

CODE OF FEDERAL REGULATIONS

TITLE 43PUBLIC LANDS: INTERIOR

SUBTITLE A-OFFICE OF THE SECRETARY OF THE INTERIOR

PART 3PRESERVATION OF AMERICAN ANTIQUITIES

s 3.1 Jurisdiction.

Jurisdiction over ruins, archeological sites, historic and prehistoric monuments

and structures, objects of antiquity, historic landmarks, and other objects of

historic and scientific interest, shall be exercised under the act by the

respective Departments as follows:

(a) By the Secretary of Agriculture over lands within the exterior limits of

forest reserves;

(b) By the Secretary of the Army over lands within the exterior limits of

military reservations;

(c) By the Secretary of the Interior over all other lands owned or controlled by

the Government of the United States, Provided, The Secretaries of the Army and

Agriculture may by agreement cooperate with the Secretary of the Interior in the

supervision of such monuments and objects covered by the Act of June 8, 1906 (34

Stat. 225; 16 U.S.C. 431433), as may be located on lands near or adjacent to

forest reserves and military reservations, respectively.

s 3.2 Limitation on permits granted.

No permit for the removal of any ancient monument or structure which can be

permanently preserved under the control of the United States in situ, and remain

an object of interest, shall be granted.

s 3.3 Permits; to whom granted.

Permits for the examination of ruins, the excavation of archeological sites, and

the gathering of objects of antiquity will be granted, by the respective

Secretaries having jurisdiction, to reputable museums, universities, colleges,

or other recognized scientific or educational institutions, or to their duly

authorized agents.

s 3.4 No exclusive permits granted.

No exclusive permits shall be granted for a larger area than the applicant can

reasonably be expected to explore fully and systematically within the time limit

named in the permit.

s 3.5 Application.

Each application for a permit should be filed with the Secretary having

jurisdiction, and must be accompanied by a definite outline of the proposed

work, indicating the name of the institution making the request, the date

proposed for beginning the field work, the length of time proposed to be devoted

to it, and the person who will have immediate charge of the work. The

application must also contain an exact statement of the character of the work,

whether examination, excavation, or gathering, and the public museum in which

the collections made under the permit are to be permanently preserved. The

application must be accompanied by a sketch plan or description of the

particular site or area to be examined, excavated, or searched, so definite that

it can be located on the map with reasonable accuracy.

s 3.6 Time limit of permits granted.

No permit will be granted for a period of more than 3 years, but if the work has

been diligently prosecuted under the permit, the time may be extended for proper

cause upon application.

s 3.7 Permit to become void.

Failure to begin work under a permit within 6 months after it is granted, or

failure to diligently prosecute such work after it has been begun, shall make

the permit void without any order or proceeding by the Secretary having

jurisdiction.

s 3.8 Applications referred for recommendation.

Applications for permits shall be referred to the Smithsonian Institution for

recommendation.

s 3.9 Form and reference of permit.

Every permit shall be in writing and copies shall be transmitted to the

Smithsonian Institution and the field officer in charge of the land involved.

The permittee will be furnished with a copy of the regulations in this part.

s 3.10 Reports.

At the close of each season's field work the permittee shall report in duplicate

to the Smithsonian Institution, in such form as its secretary may prescribe, and

shall prepare in duplicate a catalogue of the collections and of the photographs

made during the season, indicating therein such material, if any, as may be

available for exchange.

s 3.11 Restoration of lands.

Institutions and persons receiving permits for excavation shall, after the

completion of the work, restore the lands upon which they have worked to their

customary condition, to the satisfaction of the field officer in charge.

s 3.12 Termination.

All permits shall be terminable at the discretion of the Secretary having

jurisdiction.

s 3.13 Report of field officer.

The field officer in charge of land owned or controlled by the Government of the

United States shall, from time to time, inquire and report as to the existence,

on or near such lands, of ruins and archaeological sites, historic or

prehistoric ruins or monuments, objects of antiquity, historic landmarks,

historic and prehistoric structures, and other objects of historic or scientific

interest.

s 3.14 Examinations by field officer.

The field officer in charge may at all times examine the permit of any person or

institution claiming privileges granted in accordance with the act and this

part, and may fully examine all work done under such permit.

s 3.15 Persons who may apprehend or cause to be arrested.

All persons duly authorized by the Secretaries of Agriculture, Army and Interior

may apprehend or cause to be arrested, as provided in the Act of February 6,

1905 (33 Stat. 700) any person or persons who appropriate, excavate, injure, or

destroy any historic or prehistoric ruin or monument, or any object of antiquity

on lands under the supervision of the Secretaries of Agriculture, Army, and

Interior, respectively.

s 3.16 Seizure.

Any object of antiquity taken, or collection made, on lands owned or controlled

by the United States, without a permit, as prescribed by the act and this part,

or there taken or made, contrary to the terms of the permit, or contrary to the

act and this part, may be seized wherever found and at any time, by the proper

field officer or by any person duly authorized by the Secretary having

jurisdiction, and disposed of as the Secretary shall determine, by deposit in

the proper national depository or otherwise.

s 3.17 Preservation of collection.

Every collection made under the authority of the act and of this part shall be

preserved in the public museum designated in the permit and shall be accessible

to the public. No such collection shall be removed from such public museum

without the written authority of the Secretary of the Smithsonian Institution,

and then only to another public museum, where it shall be accessible to the

public; and when any public museum, which is a depository of any collection made

under the provisions of the act and this part, shall cease to exist, every such

collection in such public museum shall thereupon revert to the national

collections and be placed in the proper national depository.